Senate Bill S1328

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

                                 1328--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  SERRANO,  HASSELL-THOMPSON,  C. JOHNSON, KRUEGER,
  MONSERRATE, ONORATO, PERKINS, SAVINO, STACHOWSKI  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06476-08-9
              

S. 1328--B                          2

  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,
PROGRAMS  MUST  BE TAKEN FROM SPONSORS HAVING THE FACILITIES, EQUIPMENT,
AND FINANCIAL AND PHYSICAL RESOURCES  TO  PROVIDE  CONTINUING  EDUCATION
COURSES,  APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.  CONTINUING EDUCATION MAY BE PROVIDED IN AN INTERNET-BASED
COURSE FORMAT AS APPROVED BY THE DEPARTMENT.
  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; (II) 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; (III) HAS COMPLETED
COURSE WORK OR TRAINING PERTAINING TO CULTURAL AWARENESS AND  COMPETENCE
WHICH  HAS BEEN INCORPORATED AS PART OF A RISK MANAGEMENT COURSE OFFERED
PURSUANT TO SUBDIVISION  (E)  OF  SECTION  TWO  THOUSAND  THREE  HUNDRED
FORTY-THREE OF THE INSURANCE LAW, PROVIDED THAT SUCH EDUCATIONAL CONTENT
HAS  BEEN  APPROVED  BY  THE  SUPERINTENDENT  OF INSURANCE; OR (IV) IS A
MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY  WITH  THE
ARMED FORCES OF THE UNITED STATES.
  5.  AT THE BEGINNING OF EACH REGISTRATION PERIOD, A MANDATORY CONTINU-
ING  EDUCATION  FEE  OF FIVE DOLLARS SHALL BE COLLECTED FROM ALL PERSONS
REQUIRED TO COMPLETE THE COURSE  WORK  AND  TRAINING  REQUIRED  BY  THIS
SECTION;  PROVIDED  THAT  ANY  PERSON OBTAINING AN EXEMPTION PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION SHALL NOT BE REQUIRED TO PAY SUCH  FIVE
DOLLAR  FEE.  THIS FEE SHALL BE IN ADDITION TO ALL OTHER EXISTING REGIS-
TRATION FEES.
  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 TITLE  AND  SUBDIVI-
SION NINE OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE.
  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.

S. 1328--B                          3

  5. PRIOR TO HIRING OR OTHERWISE GRANTING  PRIVILEGES  TO  A  PHYSICIAN
ASSISTANT,  REGISTERED NURSE, LICENSED PRACTICAL NURSE OR OPTOMETRIST OR
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  PRACTI-
CAL  NURSE  OR  OPTOMETRIST  WHO  HAS  NOT COMPLETED SUCH COURSE WORK OR
TRAINING.
  S 3.  This act shall take effect immediately.