senate Bill S1844A

Requires registered nurses, licensed practical nurses, physicians, physicians assistants and specialist assistants to complete domestic violence training or course work

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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

  • 13 / Jan / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 13 / Jan / 2012
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 13 / Jan / 2012
    • PRINT NUMBER 1844A

Summary

Requires registered nurses, licensed practical nurses, physicians, physicians assistants and specialist assistants to complete approved domestic violence training or course work; provides that for nurses, completion of course work or training and documentation thereof begins with the first registration after 1/1/2014 and must be provided every four years afterwards; provides that for physicians, physician assistants and specialist assistants, completion of course work or training and documentation thereof must be provided on or before 1/1/2014 and every four years afterwards; provides for exemptions.

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Bill Details

Versions:
S1844
S1844A
Legislative Cycle:
2011-2012
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6505-d, Ed L; amd Art 2 Title 2-E Title head, add §239-c, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S3981

Sponsor Memo

BILL NUMBER:S1844A

TITLE OF BILL:
An act
to amend the education law and the public health law, in relation to
domestic violence course work or training

PURPOSE:
This bill requires health care professionals to complete domestic
violence course work or training appropriate to their professional
practice.

SUMMARY OF PROVISIONS:
Section one adds a new section 6505-d to the Education Law to require
registered nurses and licensed practical nurses to undergo approved
domestic violence course work or training related to their
professional practice. These professionals would be required to
document completion of this training when registering with the
department beginning January 1, 2014.

Section three adds a new section 239-c to the Public Health Law to
require physicians, physician assistants and specialist assistants to
undergo approved domestic violence course work or training related to
their professional practice. These professionals would be required to
document completion of this training to the department beginning
January 1, 2014.

JUSTIFICATION:
In 1993, the Senate Democratic Task Force on Women's Issues held
public hearings across the state on the health implications of
domestic violence. Many witnesses at these hearings, including
survivors, advocates and health care professionals, testified
regarding the need for health care professionals to undergo domestic
violence training related to their professional practices. This
legislation will provide for training for health care professionals
while assuring that such training is relevant to their practices.

LEGISLATIVE HISTORY:
S.3981/A.3808 of 2009-2010
01/13/11 REFERRED TO HIGHER EDUCATION
01/04/12 REFERRED TO HIGHER EDUCATION

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1844--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- recommitted to the Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- 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 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 FOURTEEN AND EVERY FOUR YEARS THERE-
AFTER, COMPLETE COURSE WORK  OR  TRAINING  APPROPRIATE  TO  THE  PROFES-
SIONAL'S PRACTICE APPROVED BY THE DEPARTMENT REGARDING DIAGNOSIS, TREAT-
MENT,  AND  DOCUMENTATION  OF  DOMESTIC  VIOLENCE,  IN  ACCORDANCE  WITH
REGULATORY STANDARDS 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 REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JANU-
ARY FIRST, TWO THOUSAND FOURTEEN 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
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)  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05929-07-2

S. 1844--A                          2

TISE  IN  DOMESTIC  VIOLENCE  WITH  RESPECT  TO THE REGULATORY STANDARDS
PROMULGATED PURSUANT TO THIS SECTION.
  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 FOURTEEN 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.

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