S T A T E   O F   N E W   Y O R K
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                                  3981

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the public health law, in relation
  to domestic violence course work or training

  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. DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY REGISTERED
NURSE AND LICENSED PRACTICAL NURSE PRACTICING IN THIS STATE SHALL, ON OR
BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN AND EVERY FOUR YEARS THEREAFT-
ER, COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO  THE  PROFESSIONAL'S
PRACTICE  APPROVED BY THE DEPARTMENT REGARDING DIAGNOSIS, TREATMENT, AND
DOCUMENTATION OF DOMESTIC VIOLENCE, IN ACCORDANCE WITH REGULATORY STAND-
ARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH THE  DEPARTMENT
OF  HEALTH  AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE. EACH
SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME OF REGIS-
TRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JANUARY FIRST,  TWO
THOUSAND  ELEVEN  THAT  THE  PROFESSIONAL  HAS  COMPLETED COURSE WORK OR
TRAINING IN ACCORDANCE WITH THIS SECTION. 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 SATISFAC-
TION 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 OR (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. THE DEPARTMENT SHALL  CONSULT  WITH  ORGANIZA-
TIONS  REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER-
TISE IN DOMESTIC VIOLENCE  WITH  RESPECT  TO  THE  REGULATORY  STANDARDS
PROMULGATED PURSUANT TO THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05204-01-9

              

S. 3981                             2

  S 2.  The title heading of title 2-E of article 2 of the public health
law,  as  amended by chapter 477 of the laws of 2008, is amended to read
as follows:
                     HIV/HBV/HCV PREVENTION TRAINING;
                DOMESTIC VIOLENCE COURSE WORK OR TRAINING
  S 3. The public health law is amended by adding a new section 239-c to
read as follows:
  S  239-C.  DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY PHYSICIAN,
PHYSICIAN ASSISTANT AND SPECIALIST ASSISTANT  PRACTICING  IN  THE  STATE
SHALL,  ON  OR  BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN AND EVERY FOUR
YEARS THEREAFTER, (A) COMPLETE COURSE WORK OR TRAINING,  APPROPRIATE  TO
THE  PROFESSIONAL'S PRACTICE, APPROVED BY THE DEPARTMENT REGARDING DIAG-
NOSIS, TREATMENT, AND DOCUMENTATION OF DOMESTIC VIOLENCE, IN  ACCORDANCE
WITH  REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT IN CONSULTATION
WITH THE DEPARTMENT OF EDUCATION AND THE OFFICE FOR  THE  PREVENTION  OF
DOMESTIC  VIOLENCE AND (B) SO DOCUMENT TO THE DEPARTMENT. 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  OR
(II)  THAT HE OR SHE 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. THE DEPARTMENT SHALL CONSULT
WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE
WITH EXPERTISE IN DOMESTIC VIOLENCE WITH RESPECT TO THE REGULATORY STAN-
DARDS PROMULGATED PURSUANT TO THIS SECTION.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and provided further that  the  commissioners
of health and education may immediately take such steps as are necessary
for implementation  of this act on such effective date.