S T A T E O F N E W Y O R K
________________________________________________________________________
8843
2009-2010 Regular Sessions
I N A S S E M B L Y
June 11, 2009
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Introduced by M. of A. CRESPO -- 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 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 NINE 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 NINE 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) OF SUBDIVISION
ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K OF THE PUBLIC HEALTH LAW
SHALL NOT BE REQUIRED TO SO DOCUMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04830-01-9
A. 8843 2
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 26 to read as follows:
26. 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.