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

                                  2947

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to clinical education
  in pain management and palliative care

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

  Section  1.  The  public health law is amended by adding a new article
28-F to read as follows:
                               ARTICLE 28-F
                   PAIN MANAGEMENT AND PALLIATIVE CARE
SECTION 2900. CLINICAL EDUCATION IN PAIN MANAGEMENT AND PALLIATIVE CARE.
  S 2900. CLINICAL EDUCATION IN PAIN MANAGEMENT AND PALLIATIVE CARE.  1.
EVERY HEALTH CARE PROFESSIONAL PRACTICING IN THE STATE SHALL, EVERY FOUR
YEARS  COMPLETE  COURSE  WORK  OR TRAINING REGARDING PAIN MANAGEMENT AND
PALLIATIVE CARE, APPROPRIATE TO THE PROFESSIONAL'S PRACTICE, APPROVED BY
THE DEPARTMENT IN ACCORDANCE WITH STANDARDS PROMULGATED BY  THE  COMMIS-
SIONER  IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION; AND SO DOCU-
MENT COMPLETION TO THE DEPARTMENT.   AS USED IN  THIS  SECTION,  "HEALTH
CARE  PROFESSIONAL"  MEANS A PERSON LICENSED, REGISTERED OR CERTIFIED TO
PRACTICE A HEALTH CARE PROFESSION UNDER TITLE EIGHT OF THE EDUCATION LAW
THAT IS DESIGNATED BY REGULATION OF THE COMMISSIONER UNDER THIS SECTION.
THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AREAS  OF  PRACTICE  OR
SPECIALTY WITHIN A PROFESSION THAT ARE EXEMPT FROM THIS SECTION.
  2.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH  AN  EXEMPTION  AND  WHO  DEMONSTRATES  TO  THE
DEPARTMENT'S SATISFACTION THAT:
  (A) THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK
OR TRAINING BECAUSE OF THE NATURE, AREA OR SPECIALTY OF HIS OR HER PRAC-
TICE, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05030-01-3

S. 2947                             2
              

  (B)  HE  OR  SHE  HAS  COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
DEPARTMENT TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING
APPROVED BY THE DEPARTMENT UNDER THIS SECTION.
  3.  EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A NATIONALLY-
RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION,
OR NATIONALLY-RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE  CONSIDERED
IN IMPLEMENTING THIS SECTION. CURRICULA SHALL INCLUDE BUT NOT BE LIMITED
TO:  PALLIATIVE  MEDICINE;  PAIN;  NEUROPSYCHOLOGIC  AND OTHER SYMPTOMS;
PREVENTING, IDENTIFYING, AND RESPONDING TO ABUSE  OF  AND  ADDICTION  TO
PRESCRIPTION  DRUGS; ETHICS AND THE LAW; PATIENT AND FAMILY PERSPECTIVES
ON END-OF-LIFE CARE; ACUPUNCTURE TREATMENT; ADVANCED CARE  PLANNING  AND
CLINICAL  COMMUNICATION  SKILLS.    THE  COMMISSIONER SHALL CONSULT WITH
ORGANIZATIONS REPRESENTATIVE OF HEALTH CARE PRACTITIONERS,  INSTITUTIONS
AND  THOSE WITH EXPERTISE IN PAIN MANAGEMENT, INCLUDING EXPERTISE IN THE
ACUPUNCTURE FIELD, AND PALLIATIVE CARE WITH RESPECT TO THE STANDARDS AND
REGULATIONS PROMULGATED UNDER THIS SECTION.
  4. THE COMMISSIONER, IN DEVELOPING, REVIEWING AND  IMPLEMENTING  REGU-
LATIONS AND STANDARDS UNDER THIS SECTION, AND THE COMMISSIONER OF EDUCA-
TION,  SHALL  CONSULT  THE  NEW YORK STATE PALLIATIVE CARE EDUCATION AND
TRAINING COUNCIL CREATED BY SECTION TWENTY-EIGHT HUNDRED SEVEN-N OF THIS
CHAPTER.
  S 2.  This act shall take effect one year after it shall have become a
law.  Effective immediately, the addition, amendment  and/or  repeal  of
any  rule  or regulation necessary for the implementation of this act on
its effective date is authorized to be made and completed on  or  before
such effective date.