senate Bill S1328B

Requires cultural awareness and competence training for medical professionals

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Jan / 2009
    • REFERRED TO HIGHER EDUCATION
  • 13 / Mar / 2009
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 13 / Mar / 2009
    • PRINT NUMBER 1328A
  • 20 / Apr / 2009
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 20 / Apr / 2009
    • PRINT NUMBER 1328B
  • 29 / Apr / 2009
    • REPORTED AND COMMITTED TO CODES
  • 06 / Jan / 2010
    • REFERRED TO HIGHER EDUCATION
  • 02 / Feb / 2010
    • REPORTED AND COMMITTED TO CODES

Summary

Requires cultural awareness and competence training for medical professionals.

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Bill Details

See Assembly Version of this Bill:
A5936B
Versions:
S1328
S1328A
S1328B
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Law Section:
Education Law
Laws Affected:
Add §6505-d, Ed L; amd §2805-k, Pub Health L
Versions Introduced in 2007-2008 Legislative Cycle:
S7270, A10537

Sponsor Memo

BILL NUMBER: S1328B

TITLE OF BILL :
An act to amend the education law and the public health law, in
relation to requiring cultural awareness and competence training for
medical professionals


PURPOSE OR GENERAL IDEA OF BILL :
This bill will create a system of cultural competency Course work and
training that will help healthcare professionals improve their
interactions with minority patients. In doing so, this bill seeks to
improve the quality of healthcare in the state of New York.

SUMMARY OF SPECIFIC PROVISIONS :
Adds section 6505-d to the education law to establish training in
cultural awareness and competence for medical professionals.

Section 1:

1) Lists medical professionals subject and establishes the content and
requirements for cultural competency training and course work.
2) Defines "acceptable formal continuing education".
3) Establishes reporting requirements by medical professionals.
4) Provides exemptions from cultural competency Course work and
training.
5) Establishes a fee of five dollars.
6) Allows the commissioner to promulgate such rules as requires to
establish this program successfully, and guards against false
reporting from professionals.

Section 2:

f) Establishes that hospitals and other health care facilities shall
not knowingly provide employment to individuals that have not
completed the necessary Course work and training.

JUSTIFICATION :
New York State is one of the most diverse states in the nation, with
large populations of historically marginalized groups. It is a well
documented fact that often members of these minority groups fare far
Worse in many indices of health and well-being.

Disparities in access to quality health care are one major component
of the discrepancies in general health. This bill seeks to close the
gap by ensuring that medical professionals that serve minority
populations are able to provide culturally sensitive care.

By promoting and funding culturally and linguistically sensitive
practices by health care professionals, the legislature can help to
enhance the quality of health care services in underserved
communities. This legislation will play a crucial role in ending
statewide health disparities among minority populations.

PRIOR LEGISLATIVE HISTORY
2008: S.7270 Serrano - Referred to Higher Education

FISCAL IMPLICATIONS :
No immediate costs to the state. The possibility exists for long term
savings in health care costs as minority populations receive better
preventative care.

EFFECTIVE DATE :
This act shall take effect immediately.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1328--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  SERRANO,  HASSELL-THOMPSON,  C. JOHNSON, KRUEGER,
  MONSERRATE, ONORATO, PERKINS, SAVINO, STACHOWSKI  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law and the public health law, in relation
  to requiring cultural awareness and competence  training  for  medical
  professionals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S 6505-D. COURSE WORK OR TRAINING IN  CULTURAL  AWARENESS  AND  COMPE-
TENCE.  1.  EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT, DENTIST, REGISTERED
NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST AND NURSE PRAC-
TITIONER PRACTICING IN THE STATE WHO PROVIDES DIRECT MEDICAL SERVICES TO
PATIENTS IN THIS STATE SHALL, ON OR  BEFORE  JULY  FIRST,  TWO  THOUSAND
ELEVEN AND EVERY REGISTRATION PERIOD THEREAFTER, COMPLETE COURSE WORK OR
TRAINING REGARDING CULTURAL AWARENESS AND COMPETENCE IN THE PROVISION OF
MEDICAL  SERVICES IN ACCORDANCE WITH  REGULATED STANDARDS PROMULGATED BY
THE DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH.  SUCH
CULTURAL  AWARENESS AND COMPETENCE COURSE WORK OR TRAINING SHALL REQUIRE
TWO HOURS OF COURSE WORK OR TRAINING  ENCOMPASSING  MINORITY  HEALTHCARE
ISSUES  INCLUDING  ETHNIC, RELIGIOUS, LINGUISTIC, SEXUAL ORIENTATION AND
GENDER IDENTITY HEALTHCARE ISSUES AND THEIR IMPACT ON  MINORITY  HEALTH-
CARE.  IN PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION THE
DEPARTMENT IS ADVISED TO CONSULT WITH  ORGANIZATIONS  REPRESENTATIVE  OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN CULTURAL AWARENESS
AND COMPETENCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06476-08-9

S. 1328--B                          2

  2.  AS  USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL
PRACTICE  AND  WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
PROGRAMS  MUST  BE TAKEN FROM SPONSORS HAVING THE FACILITIES, EQUIPMENT,
AND FINANCIAL AND PHYSICAL RESOURCES  TO  PROVIDE  CONTINUING  EDUCATION
COURSES,  APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.  CONTINUING EDUCATION MAY BE PROVIDED IN AN INTERNET-BASED
COURSE FORMAT AS APPROVED BY THE DEPARTMENT.
  3. EACH SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT AT  THE  TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO  THOUSAND  ELEVEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
TRAINING IN ACCORDANCE WITH THIS SECTION.
  4. THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT  TO
ANYONE  WHO REQUESTS SUCH AN EXEMPTION AND WHO: (I) CLEARLY DEMONSTRATES
TO THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM  OR
HER  TO  COMPLETE  SUCH COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF
HIS OR HER PRACTICE; (II) HAS COMPLETED COURSE WORK OR  TRAINING  DEEMED
BY  THE  DEPARTMENT  TO  BE  EQUIVALENT  TO  THE COURSE WORK OR TRAINING
APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION; (III) HAS COMPLETED
COURSE WORK OR TRAINING PERTAINING TO CULTURAL AWARENESS AND  COMPETENCE
WHICH  HAS BEEN INCORPORATED AS PART OF A RISK MANAGEMENT COURSE OFFERED
PURSUANT TO SUBDIVISION  (E)  OF  SECTION  TWO  THOUSAND  THREE  HUNDRED
FORTY-THREE OF THE INSURANCE LAW, PROVIDED THAT SUCH EDUCATIONAL CONTENT
HAS  BEEN  APPROVED  BY  THE  SUPERINTENDENT  OF INSURANCE; OR (IV) IS A
MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY  WITH  THE
ARMED FORCES OF THE UNITED STATES.
  5.  AT THE BEGINNING OF EACH REGISTRATION PERIOD, A MANDATORY CONTINU-
ING  EDUCATION  FEE  OF FIVE DOLLARS SHALL BE COLLECTED FROM ALL PERSONS
REQUIRED TO COMPLETE THE COURSE  WORK  AND  TRAINING  REQUIRED  BY  THIS
SECTION;  PROVIDED  THAT  ANY  PERSON OBTAINING AN EXEMPTION PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION SHALL NOT BE REQUIRED TO PAY SUCH  FIVE
DOLLAR  FEE.  THIS FEE SHALL BE IN ADDITION TO ALL OTHER EXISTING REGIS-
TRATION FEES.
  6. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO  IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  ANY  PERSON  SUBJECT  TO  THE  PROVISIONS OF THIS SECTION, WHO FALSELY
ATTESTS TO HAVING COMPLETED THE REQUIRED COURSE WORK OR  TRAINING  SHALL
BE  SUBJECT  TO PROFESSIONAL MISCONDUCT AS PROVIDED BY SUBDIVISION TWEN-
TY-ONE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS TITLE  AND  SUBDIVI-
SION NINE OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE.
  S  2.  Paragraph  (f) of subdivision 1 of section 2805-k of the public
health law, as amended by chapter 477 of the laws of  2008,  is  amended
and a new subdivision 5 is added to read as follows:
  (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
completed the course work or training as mandated by section two hundred
thirty-nine of this chapter or section [six  thousand  five]  SIXTY-FIVE
hundred five-b of the education law OR SECTION SIXTY-FIVE HUNDRED FIVE-D
OF  THE  EDUCATION LAW.  A hospital or facility shall not grant or renew
professional privileges or  association  to  a  physician,  dentist,  or
podiatrist who has not completed such course work or training.  A HOSPI-
TAL  OR  FACILITY SHALL NOT KNOWINGLY GRANT OR RENEW PROFESSIONAL PRIVI-
LEGES OR ASSOCIATION TO ANYONE  REQUIRED  TO  COMPLETE  COURSE  WORK  OR
TRAINING  UNLESS  SAID PERSON HAS ATTESTED TO HAVING TAKEN SUCH REQUIRED
COURSE WORK OR TRAINING.

S. 1328--B                          3

  5. PRIOR TO HIRING OR OTHERWISE GRANTING  PRIVILEGES  TO  A  PHYSICIAN
ASSISTANT,  REGISTERED NURSE, LICENSED PRACTICAL NURSE OR OPTOMETRIST OR
A HOSPITAL OR FACILITY APPROVED PURSUANT TO THIS ARTICLE  SHALL  REQUEST
FROM  SUCH  PERSON DOCUMENTATION THAT HE OR SHE HAS COMPLETED THE COURSE
WORK OR TRAINING AS MANDATED BY SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE
EDUCATION  LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR OTHERWISE GRANT
PRIVILEGES TO A PHYSICIAN ASSISTANT, REGISTERED NURSE, LICENSED  PRACTI-
CAL  NURSE  OR  OPTOMETRIST  WHO  HAS  NOT COMPLETED SUCH COURSE WORK OR
TRAINING.
  S 3.  This act shall take effect immediately.

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