S T A T E O F N E W Y O R K
________________________________________________________________________
5936--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
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Introduced by M. of A. TOWNS, GREENE -- read once and referred to the
Committee on Higher Education -- 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
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 NURSE PRAC-
TITIONER PRACTICING IN THE STATE WHO PROVIDES DIRECT MEDICAL SERVICES TO
PATIENTS IN THIS STATE SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND
ELEVEN AND EVERY REGISTRATION PERIOD THEREAFTER, COMPLETE COURSE WORK OR
TRAINING REGARDING CULTURAL AWARENESS AND COMPETENCE IN THE PROVISION OF
MEDICAL SERVICES IN ACCORDANCE WITH REGULATED STANDARDS PROMULGATED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. SUCH
CULTURAL AWARENESS AND COMPETENCE COURSE WORK OR TRAINING SHALL REQUIRE
TWO HOURS OF COURSE WORK OR TRAINING ENCOMPASSING MINORITY HEALTHCARE
ISSUES INCLUDING ETHNIC, RELIGIOUS, LINGUISTIC, SEXUAL ORIENTATION AND
GENDER IDENTITY HEALTHCARE ISSUES AND THEIR IMPACT ON MINORITY HEALTH-
CARE. IN PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION THE
DEPARTMENT IS ADVISED TO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN CULTURAL AWARENESS
AND COMPETENCE.
2. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06476-07-9
A. 5936--A 2
PROGRAMS MUST BE TAKEN FROM SPONSORS HAVING AT LEAST ONE FULL-TIME
EMPLOYEE AND THE FACILITIES, EQUIPMENT, AND FINANCIAL AND PHYSICAL
RESOURCES TO PROVIDE CONTINUING EDUCATION COURSES, APPROVED BY THE
DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
3. EACH SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND ELEVEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
TRAINING IN ACCORDANCE WITH THIS SECTION.
4. 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.
5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FIVE DOLLARS, SHALL
BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH REGISTRATION PERIOD, AND
SHALL BE PAID IN ADDITION TO ANY OTHER FEE REQUIRED.
6. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
ANY PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION, WHO FALSELY
ATTESTS TO HAVING COMPLETED THE REQUIRED COURSE WORK OR TRAINING SHALL
BE SUBJECT TO PROFESSIONAL MISCONDUCT AS PROVIDED BY SUBDIVISION TWEN-
TY-ONE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS CHAPTER.
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
and a new subdivision 5 is added 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 OR SECTION SIXTY-FIVE HUNDRED FIVE-D
OF THE EDUCATION 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. A HOSPI-
TAL OR FACILITY SHALL NOT KNOWINGLY GRANT OR RENEW PROFESSIONAL PRIVI-
LEGES OR ASSOCIATION TO ANYONE REQUIRED TO COMPLETE COURSE WORK OR
TRAINING UNLESS SAID PERSON HAS ATTESTED TO HAVING TAKEN SUCH REQUIRED
COURSE WORK OR TRAINING.
5. PRIOR TO HIRING OR OTHERWISE GRANTING PRIVILEGES TO A PHYSICIAN
ASSISTANT, REGISTERED NURSE, LICENSED PRACTICAL NURSE, OPTOMETRIST OR
NURSE PRACTITIONER, A HOSPITAL OR FACILITY APPROVED PURSUANT TO THIS
ARTICLE SHALL REQUEST FROM SUCH PERSON DOCUMENTATION THAT HE OR SHE HAS
COMPLETED THE COURSE WORK OR TRAINING AS MANDATED BY SECTION SIXTY-FIVE
HUNDRED FIVE-D OF THE EDUCATION LAW. A HOSPITAL OR FACILITY SHALL NOT
HIRE OR OTHERWISE GRANT PRIVILEGES TO A PHYSICIAN ASSISTANT, REGISTERED
NURSE, LICENSED PRACTICAL NURSE, OPTOMETRIST OR NURSE PRACTITIONER WHO
HAS NOT COMPLETED SUCH COURSE WORK OR TRAINING.
S 3. This act shall take effect immediately.