S T A T E O F N E W Y O R K
________________________________________________________________________
3808
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. GABRYSZAK, ALFANO, CLARK, ERRIGO, HYER-SPENCER,
MILLMAN, PAULIN, ROBINSON -- Multi-Sponsored by -- M. of A. BARRA,
BOYLAND, COOK, GREENE, HOOPER, PEOPLES, PHEFFER -- 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 domestic violence course work or training
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. DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY REGISTERED
NURSE AND LICENSED PRACTICAL NURSE PRACTICING IN THIS STATE SHALL, ON OR
BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN AND EVERY FOUR YEARS THEREAFT-
ER, COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFESSIONAL'S
PRACTICE APPROVED BY THE DEPARTMENT REGARDING DIAGNOSIS, TREATMENT, AND
DOCUMENTATION OF DOMESTIC VIOLENCE, IN ACCORDANCE WITH REGULATORY STAND-
ARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT
OF HEALTH AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE. EACH
SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME OF REGIS-
TRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JANUARY FIRST, TWO
THOUSAND ELEVEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
TRAINING IN ACCORDANCE WITH THIS SECTION. 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 SATISFAC-
TION 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)
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. THE DEPARTMENT SHALL CONSULT WITH ORGANIZA-
TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05204-01-9
A. 3808 2
TISE IN DOMESTIC VIOLENCE WITH RESPECT TO THE REGULATORY STANDARDS
PROMULGATED PURSUANT TO THIS SECTION.
S 2. The title heading of title 2-E of article 2 of the public health
law, as amended by chapter 477 of the laws of 2008, is amended to read
as follows:
HIV/HBV/HCV PREVENTION TRAINING;
DOMESTIC VIOLENCE COURSE WORK OR TRAINING
S 3. The public health law is amended by adding a new section 239-c to
read as follows:
S 239-C. DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY PHYSICIAN,
PHYSICIAN ASSISTANT AND SPECIALIST ASSISTANT PRACTICING IN THE STATE
SHALL, ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN AND EVERY FOUR
YEARS THEREAFTER, (A) COMPLETE COURSE WORK OR TRAINING, APPROPRIATE TO
THE PROFESSIONAL'S PRACTICE, APPROVED BY THE DEPARTMENT REGARDING DIAG-
NOSIS, TREATMENT, AND DOCUMENTATION OF DOMESTIC VIOLENCE, IN ACCORDANCE
WITH REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT IN CONSULTATION
WITH THE DEPARTMENT OF EDUCATION AND THE OFFICE FOR THE PREVENTION OF
DOMESTIC VIOLENCE AND (B) SO DOCUMENT TO THE DEPARTMENT. 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. THE DEPARTMENT SHALL CONSULT
WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE
WITH EXPERTISE IN DOMESTIC VIOLENCE WITH RESPECT TO THE REGULATORY STAN-
DARDS PROMULGATED PURSUANT TO THIS SECTION.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and provided further that the commissioners
of health and education may immediately take such steps as are necessary
for implementation of this act on such effective date.