S T A T E O F N E W Y O R K
________________________________________________________________________
8249--B
2009-2010 Regular Sessions
I N A S S E M B L Y
May 11, 2009
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law and the public health law, in relation
to course work or training in early recognition of and intervention
for eating disorders
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 EARLY RECOGNITION OF AND INTER-
VENTION FOR EATING DISORDERS. EVERY PHYSICIAN, PHYSICIAN ASSISTANT,
REGISTERED NURSE, LICENSED PRACTICAL NURSE, PSYCHIATRIST, PSYCHOLOGIST,
LICENSED MASTER SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE THERAPIST, LICENSED FAMILY
THERAPIST, LICENSED DENTIST, LICENSED NUTRITIONIST AND LICENSED PSYCHO-
ANALYST PRACTICING IN THE STATE SHALL, ON OR BEFORE JULY FIRST, TWO
THOUSAND ELEVEN, COMPLETE COURSE WORK OR TRAINING APPROVED BY THE
DEPARTMENT REGARDING THE EARLY RECOGNITION OF AND INTERVENTION FOR
EATING DISORDERS, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, WHICH
SHALL BE CONSISTENT, AS FAR AS APPROPRIATE, WITH ANY STANDARDS OR BEST
PRACTICES ESTABLISHED BY THE COMPREHENSIVE CARE CENTERS FOR EATING
DISORDERS ESTABLISHED PURSUANT TO ARTICLE TWENTY-SEVEN-J OF THE PUBLIC
HEALTH LAW. 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, PROVIDED,
HOWEVER THAT A PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11607-06-0
A. 8249--B 2
OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K OF THE PUBLIC
HEALTH LAW SHALL NOT BE REQUIRED TO PRODUCE SUCH DOCUMENTATION OR ATTES-
TATION AS PRESCRIBED BY THIS SECTION. THE ONE HOUR OF COURSE WORK SHALL
CONSIST OF, BUT NOT BE LIMITED TO, INFORMATION REGARDING PHYSICAL,
EMOTIONAL, AND BEHAVIORAL INDICATORS OF EATING DISORDERS. THE DEPART-
MENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO ANYONE WHO
REQUESTS SUCH AN EXEMPTION AND WHO CLEARLY DEMONSTRATES TO THE DEPART-
MENT'S SATISFACTION THAT (I) 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, (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 OR (III) SOME OTHER
GOOD CAUSE PREVENTS THEM FROM COMPLETING SUCH COURSE WORK OR TRAINING.
S 2. Subdivision 1 of section 2805-k of the public health law is
amended by adding a new paragraph (h) to read as follows:
(H) DOCUMENTATION THAT THE PHYSICIAN HAS COMPLETED THE COURSE WORK OR
TRAINING AS MANDATED BY 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 WHO HAS NOT COMPLETED
SUCH COURSE WORK OR TRAINING.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that the
commissioner of education is immediately authorized and directed to
promulgate, amend and/or repeal any rules and regulations necessary to
implement the provisions of this act on such effective date.