senate Bill S793A

Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; public ed program; appropriation

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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

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 17 / Jan / 2014
    • PRINT NUMBER 793A

Summary

Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.

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Bill Details

See Assembly Version of this Bill:
A2471A
Versions:
S793
S793A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Add §6505-d, Ed L; amd §§2805-k & 206, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S118A, A1434A
2009-2010: S3129, A8843
2007-2008: A6388

Sponsor Memo

BILL NUMBER:S793A

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 all medical professionals; to amend the public health
law, in relation to a public health education program; and making an
appropriation therefor

PURPOSE:

To require cultural awareness and competence training for all medical
professionals as part of their licensing requirements; creates a
public education program; provides for an appropriation.

SUMMARY OF PROVISIONS:

Section 1. Amends the education law by adding a new section 6505-d.
Requires every physician, physician assistant, dentist, registered
nurse, licensed practical nurse, podiatrist, optometrist and dental
hygienist practicing in the state to complete on or before July first,
2016 and every two years thereafter, course work or training
appropriate to the professional's practice approved by the department
regarding cultural awareness and competence in the nondiscriminatory
provision of medical services.

Section 2. Amends the Public Health Law, section 2805-1: (1) (f).
Requires physicians, dentists or podiatrists to document the
completion of cultural awareness and competency training. Prohibits
hospitals or facilities from granting or renewing professional
privileges if such medical professional has not completed the required
training.

Section 3. Amends the Public Health Law section 206 of by adding a new
subdivision 29. Authorizes the Commissioner of Health to develop and
implement a statewide, community-based public health education program
to reduce disparities in minority health care.

Section 4. Appropriation

Section 5. Effective Date

EXISTING LAW:

None

JUSTIFICATION:

The Office of Minority Health and Health Disparities in the U.S.
Centers of Disease Control (CDC) reports that:

*Even though the Nation's infant mortality rate is down, the infant
death rate among African Americans is still more than double that of
whites;

*Hispanics living in the United States are almost twice as likely to
die from diabetes than non-Hispanic whites; and,


*American Indians and Alaska Natives suffer from diabetes at more than
twice the rate of whites.

According to the New York State Department of Health "Health
disparities are deep and pervasive in New York State, as they are in
almost every state in the nation. Some racial and ethnic minority
groups, people with low incomes and/or language barriers, people who
live in underserved communities, and many others have poorer health
from birth (e.g., infant mortality) to death (e.g., premature deaths).
Across the lifespan, they suffer higher rates of disease and
disability. And these problems begin early, adding to the erosion of
opportunity for children who often face a constellation of other
social and economic challenges. As a result, disparities have a
devastating human and economic impact on the state.

Health Disparities in New York City: Minding the Gap (2010 New York
City Department of Health and Mental Hygiene) reported that:

*Death rates are almost 30% higher in the poorest New York City
neighborhoods than in wealthier neighborhoods

*Blacks and whites in the poorest neighborhoods die at higher rates
than their counterparts living in richer neighborhoods

*Black, Hispanic and Asian New Yorkers are more likely to die
prematurely than whites, regardless of neighborhood income

*Gaps in death rates between blacks and whites vary by cause of death
and neighborhood income

Evidence suggests that a more culturally competent health workforce is
one way to address problems associated with health care disparities by
improving access to care. The Agency for Healthcare Research and
Quality likewise reported "that a lack of attention to cultural issues
reacts to less than optimal care and addressing these concerns or
using certain cultural competence interventions leads to improved
outcomes." Washington, New Jersey, California are among the states
that currently require cultural awareness and competency training for
its healthcare workforce.

This bill addresses the problerns associated with health care
disparities by requiring medical professionals to complete required
course work in cultural awareness and competency training as part of
their licensing requirements.

LEGISLATIVE HISTORY:

2013: S.793 - Referred to Finance/A.2417 - Referred to Higher
Education

2012: S.118-A-Amended and recommit to Health/ A.1434 - A- Amended and
recommit to Higher Education

2011: S.118 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Health/A.1434 - Referred to Higher
Education


2009-10: S.3129 - Referred to Higher Education/A.8843 - Referred to
Higher Education

2007-08: S.765 - Referred to Finance

FISCAL IMPLICATIONS:

$100,000 or so much thereof as may be necessary, to be appropriated
from the state treasury.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                 793--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. DIAZ, MONTGOMERY, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  --  recommitted  to the Committee on Finance 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  requiring  cultural  awareness  and  competence  training  for all
  medical professionals; to amend the public health law, in relation  to
  a  public health education program; and making an appropriation there-
  for

  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 DENTAL
HYGIENIST PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO
THOUSAND SIXTEEN AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK OR
TRAINING  APPROPRIATE  TO  THE  PROFESSIONAL'S  PRACTICE APPROVED BY THE
DEPARTMENT REGARDING CULTURAL AWARENESS AND COMPETENCE IN  THE  NON-DIS-
CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
STANDARDS  PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE
DEPARTMENT OF HEALTH. THE DEPARTMENT SHALL ALSO CONSULT  WITH  ORGANIZA-
TIONS  REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER-
TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
  2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND SIXTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00403-02-4

S. 793--A                           2

TRAINING  IN  ACCORDANCE  WITH  THIS  SECTION, PROVIDED, HOWEVER, THAT A
PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)  OF  SUBDIVISION
ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-K OF THE PUBLIC HEALTH LAW
SHALL NOT BE REQUIRED TO SO DOCUMENT.
  3.  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.
  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 hundred  five-b
of  the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW.  A hospital or facility shall not grant or renew  profes-
sional  privileges or association to a physician, dentist, or podiatrist
who has not completed such course work or training.
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
MENT A STATEWIDE, COMMUNITY-BASED PUBLIC  HEALTH  EDUCATION  PROGRAM  TO
REDUCE  THE  ROOT  CAUSES  OF  DISPARITIES IN MINORITY HEALTH CARE. SUCH
EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS,  PATIENTS
AND  PATIENT  ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS  APPROPRIATED
FOR SUCH HEALTH EDUCATION PROGRAM.
  S  4.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
health out of any moneys in the state treasury in the  general  fund  to
the  credit  of  the state purposes account, not otherwise appropriated,
and made immediately available, for such purpose  of  carrying  out  the
provisions of section three of this act. Such moneys shall be payable on
the  audit  and  warrant  of  the  comptroller  on vouchers certified or
approved by the commissioner of health, or his or  her  duly  designated
representative  in the manner prescribed by law. No expenditure shall be
made from this appropriation until a certificate of approval  of  avail-
ability  shall  have been issued by the director of the budget and filed
with the state comptroller and a copy filed with  the  chairman  of  the
senate finance committee and the chairman of the assembly ways and means
committee.  Such  certificate  may  be  amended from time to time by the
director of the budget and a copy of each such amendment shall be  filed
with the state comptroller, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee.
  S 5. This act shall take effect immediately.

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