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

                                  4387

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to clinical education in pain management

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

  Section  1.  The  public health law is amended by adding a new article
28-F to read as follows:
                              ARTICLE 28-F
                             PAIN MANAGEMENT
SECTION 2900.   CLINICAL EDUCATION IN PAIN MANAGEMENT.
        2900-A. ADVISORY COMMITTEE ON PAIN MANAGEMENT EDUCATION.
  S 2900. CLINICAL EDUCATION IN PAIN  MANAGEMENT.  1.  EVERY  PHYSICIAN,
PHYSICIAN  ASSISTANT  AND  SPECIALIST  ASSISTANT PRACTICING IN THE STATE
SHALL, EVERY FOUR YEARS COMPLETE COURSE WORK OR TRAINING REGARDING  PAIN
MANAGEMENT,  APPROPRIATE TO THE PROFESSIONAL'S PRACTICE, APPROVED BY THE
DEPARTMENT IN ACCORDANCE WITH STANDARDS PROMULGATED BY THE DEPARTMENT IN
CONSULTATION WITH THE EDUCATION DEPARTMENT; AND SO  DOCUMENT  COMPLETION
TO THE DEPARTMENT.
  2.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH  AN  EXEMPTION  AND  WHO  DEMONSTRATES  TO  THE
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)  HE  OR  SHE  HAS  COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
DEPARTMENT TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING
APPROVED BY THE DEPARTMENT UNDER THIS SECTION.
  3. EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A  NATIONALLY-
RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION,
OR  NATIONALLY-RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE CONSIDERED
IN IMPLEMENTING THIS SECTION. CURRICULA SHALL INCLUDE BUT NOT BE LIMITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05328-01-9
              

S. 4387                             2

TO: PALLIATIVE MEDICINE;  PAIN;  NEUROPSYCHOLOGIC  AND  OTHER  SYMPTOMS;
ETHICS AND THE LAW; PATIENT AND FAMILY PERSPECTIVES ON END-OF-LIFE CARE;
ACUPUNCTURE TREATMENT; AND CLINICAL COMMUNICATION SKILLS. THE DEPARTMENT
SHALL  CONSULT  WITH ORGANIZATIONS REPRESENTATIVE OF HEALTH CARE PRACTI-
TIONERS, INSTITUTIONS AND  THOSE  WITH  EXPERTISE  IN  PAIN  MANAGEMENT,
INCLUDING EXPERTISE IN THE ACUPUNCTURE FIELD, WITH RESPECT TO THE STAND-
ARDS PROMULGATED UNDER THIS SECTION.
  S 2900-A. ADVISORY COMMITTEE ON PAIN MANAGEMENT EDUCATION. THE COMMIS-
SIONER, IN DEVELOPING, REVIEWING AND IMPLEMENTING THE EDUCATIONAL STAND-
ARDS  UNDER SECTION TWENTY-NINE HUNDRED OF THIS ARTICLE, AND THE COMMIS-
SIONER  OF  EDUCATION,  IN  DEVELOPING,   REVIEWING   AND   IMPLEMENTING
EDUCATIONAL  STANDARDS  UNDER  SECTION  SIXTY-FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW, SHALL CONSULT THE ADVISORY COMMITTEE ON  PAIN  MANAGEMENT
EDUCATION  CREATED  BY  THIS  SECTION.    THE ADVISORY COMMITTEE ON PAIN
MANAGEMENT EDUCATION SHALL BE COMPRISED OF TWELVE MEMBERS  APPOINTED  AS
FOLLOWS:  SIX BY THE COMMISSIONER; AND SIX BY THE COMMISSIONER OF EDUCA-
TION. THE COMMITTEE SHALL BE REPRESENTATIVE OF HEALTH CARE PRACTITIONERS
AND  THEIR  PROFESSIONAL  ORGANIZATIONS,  PAIN  MANAGEMENT  SPECIALISTS,
INCLUDING  THOSE  IN THE ACUPUNCTURE FIELD, AND HEALTH CARE PRACTITIONER
EDUCATION EXPERTS.
  S 2. The education law is amended by adding a new  section  6505-d  to
read as follows:
  S  6505-D. CLINICAL EDUCATION IN PAIN MANAGEMENT. 1. EVERY HEALTH CARE
PRACTITIONER LICENSED OR  CERTIFIED  PURSUANT  TO  THIS  TITLE,  WHO  IS
AUTHORIZED  TO  ORDER,  PRESCRIBE, ADMINISTER OR DISPENSE PAIN-RELIEVING
MEDICATIONS OR OTHER TREATMENT FOR THE RELIEF  OF  PAIN  IN  THIS  STATE
(OTHER  THAN  A PHYSICIAN, PHYSICIAN ASSISTANT AND SPECIALIST ASSISTANT)
SHALL, EVERY FOUR YEARS COMPLETE COURSE WORK OR TRAINING REGARDING  PAIN
MANAGEMENT,  APPROPRIATE TO THE PROFESSIONAL'S PRACTICE, APPROVED BY THE
DEPARTMENT IN ACCORDANCE WITH STANDARDS PROMULGATED BY THE DEPARTMENT IN
CONSULTATION WITH THE DEPARTMENT OF  HEALTH;  AND  SO  DOCUMENT  TO  THE
DEPARTMENT.
  2.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THE REQUIREMENTS OF
SUBDIVISION ONE OF THIS SECTION TO ANYONE WHO REQUESTS SUCH AN EXEMPTION
AND WHO DEMONSTRATES TO THE 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 TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING
APPROVED BY THE DEPARTMENT UNDER THIS SECTION.
  3. EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A  NATIONALLY-
RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION,
OR  NATIONALLY-RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE CONSIDERED
IN IMPLEMENTING THIS SECTION. CURRICULA SHALL INCLUDE BUT NOT BE LIMITED
TO: ACUPUNCTURE; PALLIATIVE MEDICINE; PAIN; NEUROPSYCHOLOGIC  AND  OTHER
SYMPTOMS;  ETHICS  AND  THE  LAW;  PATIENT  AND  FAMILY  PERSPECTIVES ON
END-OF-LIFE CARE; AND CLINICAL COMMUNICATION SKILLS. THE  DEPARTMENT  OF
HEALTH  SHALL  CONSULT  WITH ORGANIZATIONS REPRESENTATIVE OF HEALTH CARE
PRACTITIONERS; INSTITUTIONS AND THOSE WITH EXPERTISE IN PAIN  MANAGEMENT
WITH RESPECT TO THE STANDARDS PROMULGATED UNDER THIS SECTION.
  S 3. This act shall take effect immediately.