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

                                  4779

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, PHEFFER -- read once and referred to
  the Committee on Aging

AN  ACT  to  amend  the  elder law, in relation to training in geriatric
  medicine

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  elder  law is amended by adding a new section 224 to
read as follows:
  S 224. GERIATRIC MEDICINE; TRAINING.  1. FOR PURPOSES OF THIS SECTION,
"GERIATRIC MEDICINE" SHALL MEAN THE MEDICAL CARE AND  SOCIAL,  PREVENTA-
TIVE AND REHABILITATIVE ASPECTS OF HEALTH AND ILLNESS IN OLDER PEOPLE.
  2.  ALL STUDENTS WHO ARE ENROLLED IN A COURSE OF STUDY APPROVED BY THE
DEPARTMENT OF HEALTH TO  RECEIVE  TRAINING  AS  A  PHYSICIAN,  PHYSICIAN
ASSISTANT  OR  SPECIALIST  ASSISTANT  AS  DEFINED  IN SECTION SIXTY-FIVE
HUNDRED FORTY OF THE EDUCATION LAW SHALL RECEIVE TRAINING  IN  GERIATRIC
MEDICINE  PURSUANT  TO  A  CURRICULUM  DEVELOPED  BY THE COMMISSIONER OF
HEALTH IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION AND THE DIREC-
TOR.
  3. ANY EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY NATIONALLY
RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY OR PROVIDER ASSOCIATIONS,
MAY BE CONSIDERED IN IMPLEMENTING THIS  SECTION.    CURRICULA  DEVELOPED
UNDER THIS SECTION SHALL CONSIST OF PROVIDING STUDENTS WITH CORE PRINCI-
PLES  RELATED  TO THE PRACTICE OF GERIATRIC MEDICINE WHICH SHALL INCLUDE
BUT SHALL NOT BE LIMITED TO:
  (A) A KNOWLEDGE OF THE NORMAL AGING PROCESSES,  THE  SOCIOLOGICAL  AND
DEMOGRAPHIC  ASPECTS  OF AGING IN OUR SOCIETY, AND THE PSYCHOLOGICAL AND
PHYSICAL ASPECTS OF HUMAN AGING;
  (B) ADMINISTRATION  AND  MANAGEMENT  RELEVANT  TO  DELIVERING  MEDICAL
SERVICES TO OLDER PEOPLE, AN ABILITY TO ASSESS CHRONIC AND ACUTE DISEASE
ASSOCIATED  WITH  AGING AND IMPAIRMENT, DISABILITY AND HANDICAP, AND THE
DEVELOPMENT OF APPROPRIATE MANAGEMENT STRATEGIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08691-01-9
              

A. 4779                             2

  (C) AN UNDERSTANDING OF THE MANAGEMENT  OF  COMPLEX,  OFTEN  MULTIPLE,
MEDICAL  PROBLEMS  WHICH  OFTEN  REQUIRE A COORDINATED INTERDISCIPLINARY
APPROACH; AND THE FUNCTION AND ORGANIZATIONAL ASPECTS OF  THE  RANGE  OF
EXTENDED CARE SERVICES AVAILABLE FOR THE CARE OF DEPENDENT OLDER PEOPLE;
  (D) AN ABILITY TO USE APPROPRIATE RESOURCES FOR REHABILITATION;
  (E)  AN UNDERSTANDING OF THE EFFECT OF PHYSICAL ILLNESS, PSYCHOLOGICAL
ILLNESS, SOCIAL AND ENVIRONMENTAL FACTORS ON  THE  HEALTH  OF  AN  OLDER
PERSON;  INCLUDING THE SPECIAL FEATURES OF ILLNESS PRESENTATION IN OLDER
PEOPLE WITH REGARD TO COMMON  CLINICAL  SYNDROMES  SUCH  AS  ALZHEIMER'S
DISEASE  AND DEMENTIA, CONFUSION, FALLS, INCONTINENCE, IMPAIRED MOBILITY
AND IATROGENIC DISORDERS;
  (F) AN UNDERSTANDING OF THE ROLE OF PREVENTATIVE APPROACHES FOR  OLDER
PEOPLE,  INCLUDING  HEALTH  PROMOTION;  JUDGMENT  IN  THE APPLICATION OF
INVESTIGATIONS AND THERAPEUTIC PROCEDURES IN THE CARE OF OLDER PATIENTS;
AND AN UNDERSTANDING OF THE PRINCIPLES OF PALLIATIVE CARE AND TECHNIQUES
FOR PAIN MANAGEMENT;
  (G) EDUCATIONAL METHODOLOGY,  RESEARCH  AND  STATISTICAL  SKILLS,  AND
PATIENT CONSULTATION SKILLS;
  (H) MEDICAL ETHICS PERTAINING TO OLDER PATIENTS; AND
  (I) COMPLETION OF A ROTATION IN A GERIATRIC SETTING SUCH AS HOME CARE,
SKILLED NURSING CARE, HOSPICE CARE OR ADULT DAY HEALTH CARE.
  4. EVERY PHYSICIAN, PHYSICIAN ASSISTANT AND SPECIALIST ASSISTANT PRAC-
TICING  IN  THE  STATE SHALL, EVERY THREE YEARS, COMPLETE COURSE WORK OR
TRAINING REGARDING GERIATRIC MEDICINE, APPROVED  BY  THE  DEPARTMENT  OF
HEALTH  AND IN ACCORDANCE WITH STANDARDS PROMULGATED BY THE COMMISSIONER
OF HEALTH IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCATION  AND  THE
DIRECTOR.  THE  DEPARTMENT OF HEALTH SHALL PROVIDE AN EXEMPTION FROM THE
REQUIREMENTS  OF  THIS  SUBDIVISION  TO  ANYONE  WHO  REQUESTS  SUCH  AN
EXEMPTION AND WHO DEMONSTRATES TO SUCH DEPARTMENT'S SATISFACTION THAT:
  (A) 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
  (B) THAT HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
DEPARTMENT  OF  HEALTH TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK
OR TRAINING APPROVED BY SUCH DEPARTMENT UNDER THIS SECTION.
  5. THE DIRECTOR, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH  AND
THE  DEPARTMENT  OF  EDUCATION  SHALL  PROMULGATE  RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  timely  implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such date.