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

                                  4906

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M. of A. GABRYSZAK, CLARK, MILLMAN, PAULIN, ROSENTHAL --
  Multi-Sponsored by -- M. of A. BOYLAND, COOK, CORWIN, HEASTIE, HOOPER,
  KOLB, PEOPLES-STOKES,  RAIA,  THIELE,  WEISENBERG  --  read  once  and
  referred 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 for certain health care
  professionals

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

  Section  1. Paragraph a of subdivision 3 of section 6507 of the educa-
tion law, as amended by chapter 356 of the laws of 2006, is  amended  to
read as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. (I) Notwithstanding any other provision of law,
the  commissioner  shall  establish standards requiring that all persons
applying, on  or  after  January  first,  nineteen  hundred  ninety-one,
initially,  or  for  the  renewal of, a license, registration or limited
permit to be  a  physician,  chiropractor,  dentist,  registered  nurse,
podiatrist,  optometrist,  psychiatrist,  psychologist,  licensed master
social worker, licensed clinical social worker, licensed  creative  arts
therapist,  licensed  marriage  and  family  therapist,  licensed mental
health counselor, licensed psychoanalyst, or dental hygienist shall,  in
addition  to  all  the other licensure, certification or permit require-
ments, have completed two hours of coursework or training regarding  the
identification  and  reporting  of  child  abuse  and  maltreatment. The
coursework or training shall be obtained from an institution or provider
which has been approved by the department to provide such coursework  or
training. The coursework or training shall include information regarding
the  physical  and behavioral indicators of child abuse and maltreatment
and the statutory  reporting  requirements  set  out  in  sections  four

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08028-01-3
              

A. 4906                             2

hundred thirteen through four hundred twenty of the social services law,
including  but  not limited to, when and how a report must be made, what
other actions the reporter is mandated or authorized to take, the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to  the  office  of  mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation  showing  that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training  requirements  to  any  applicant  who  requests  such  an
exemption  and  who  shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training[;].
  (II) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE  COMMISSIONER
SHALL  ESTABLISH  STANDARDS  REQUIRING  THAT ALL PERSONS APPLYING, ON OR
AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN,  INITIALLY  FOR  A  LICENSE,
REGISTRATION  LIMITED  PERMIT  TO  BE  A PHYSICIAN, PHYSICIAN ASSISTANT,
SPECIALIST ASSISTANT, DENTIST, REGISTERED PROFESSIONAL  NURSE,  LICENSED
PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST OR DENTAL HYGIENIST, AND ALL
PERSONS PRACTICING, ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN,  AS
A  PHYSICIAN, PHYSICIAN ASSISTANT, SPECIALIST ASSISTANT, DENTIST, REGIS-
TERED PROFESSIONAL NURSE, LICENSED PRACTICAL NURSE, PODIATRIST,  OPTOME-
TRIST OR DENTAL HYGIENIST, SHALL IN ADDITION TO ALL THE OTHER LICENSURE,
CERTIFICATION  OR  PERMIT REQUIREMENTS, AND EVERY FOUR YEARS THEREAFTER,
HAVE COMPLETED COURSEWORK OR TRAINING APPROPRIATE TO THE  PROFESSIONAL'S
PRACTICE  REGARDING THE DIAGNOSIS, TREATMENT AND DOCUMENTATION OF DOMES-
TIC VIOLENCE. THE COMMISSIONER SHALL ESTABLISH SUCH STANDARDS IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, THE OFFICE FOR THE  PREVENTION  OF
DOMESTIC  VIOLENCE, ORGANIZATIONS REPRESENTATIVE OF THE PROFESSIONS, AND
INSTITUTIONS AND INDIVIDUALS WITH EXPERTISE IN DOMESTIC VIOLENCE.   EACH
SUCH  PROFESSIONAL SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOW-
ING THAT HE OR SHE HAS COMPLETED THE REQUIRED TRAINING.  THE  DEPARTMENT
SHALL PROVIDE AN EXEMPTION FROM THE REQUIREMENTS OF THIS SUBPARAGRAPH TO
ANY  PERSON WHO SUBMITS AN APPLICATION THEREFOR TO THE COMMISSIONER, AND
WHO (A) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S SATISFACTION THAT THERE
WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSEWORK OR  TRAINING
BECAUSE  OF  THE  NATURE  OF  HIS  OR HER PRACTICE, OR (B) HAS COMPLETED
COURSEWORK OR TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO  THE
COURSEWORK OR TRAINING REQUIRED PURSUANT TO THIS SUBPARAGRAPH.
  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 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 AND SUBPARAGRAPH (II) OF PARAGRAPH A
OF SUBDIVISION THREE OF SECTION SIXTY-FIVE HUNDRED SEVEN OF  THE  EDUCA-
TION  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.
  S 3. This act shall take effect immediately, except that  section  two
of this act shall take effect January 1, 2015.