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

                                 4413--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA, ORTIZ, MARKEY, N. RIVERA, ARROYO,
  MILLMAN, BOYLAND, TITONE, BRONSON, WEPRIN, JAFFEE  --  Multi-Sponsored
  by  --  M.  of A.   BRENNAN, CERETTO, CROUCH, DUPREY, GIBSON, McENENY,
  MONTESANO, ROBINSON, SCHIMEL, SIMOTAS -- read once and referred to the
  Committee on Higher Education -- recommitted to the Committee on High-
  er Education in accordance with Assembly Rule 3, sec. 2  --  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  course  work  or training in early recognition of and intervention
  for eating disorders

  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 EARLY RECOGNITION OF AND INTER-
VENTION FOR EATING DISORDERS. EVERY PHYSICIAN  AND  PHYSICIAN  ASSISTANT
PRACTICING  IN  THE  STATE  SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND
THIRTEEN COMPLETE COURSE WORK OR TRAINING  APPROVED  BY  THE  DEPARTMENT
REGARDING  THE  EARLY  RECOGNITION OF AND INTERVENTION FOR EATING DISOR-
DERS, IN CONSULTATION WITH THE DEPARTMENT  OF  HEALTH,  WHICH  SHALL  BE
CONSISTENT,  AS FAR AS APPROPRIATE, WITH ANY STANDARDS OR BEST PRACTICES
ESTABLISHED BY THE  COMPREHENSIVE  CARE  CENTERS  FOR  EATING  DISORDERS
ESTABLISHED PURSUANT TO ARTICLE TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW.
EACH  SUCH  PROFESSIONAL  SHALL  ATTEST TO THE DEPARTMENT AT THE TIME OF
REGISTRATION COMMENCING WITH THE FIRST REGISTRATION  AFTER  JULY  FIRST,
TWO THOUSAND THIRTEEN 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 PRODUCE SUCH DOCUMENTATION  OR  ATTESTATION  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01012-04-1
              

A. 4413--A                          2

PRESCRIBED BY THIS SECTION. THE ONE HOUR ONLINE COURSE SHALL CONSIST OF,
BUT  NOT  BE  LIMITED TO, INFORMATION REGARDING PHYSICAL, EMOTIONAL, AND
BEHAVIORAL INDICATORS OF EATING DISORDERS.  THE DEPARTMENT SHALL PROVIDE
AN  EXEMPTION  FROM  THIS  REQUIREMENT  TO  ANYONE  WHO REQUESTS SUCH AN
EXEMPTION AND WHO CLEARLY DEMONSTRATES TO THE DEPARTMENT'S  SATISFACTION
THAT  (I)  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) 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  DEPART-
MENT  PURSUANT  TO  THIS SECTION OR (III) SOME OTHER GOOD CAUSE PREVENTS
THEM FROM COMPLETING SUCH COURSE WORK OR TRAINING.
  S 2.  Subdivision 1 of section 2805-k of  the  public  health  law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  DOCUMENTATION THAT THE PHYSICIAN HAS COMPLETED THE COURSE WORK OR
TRAINING AS MANDATED BY 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 WHO  HAS  NOT  COMPLETED
SUCH COURSE WORK OR TRAINING.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  the
commissioner  of  education  is  immediately  authorized and directed to
promulgate, amend and/or repeal any rules and regulations  necessary  to
implement the provisions of this act on such effective date.