Senate Bill S5300A

2011-2012 Legislative Session

Requires registered nurses, licensed practical nurses, physicians, physician assistants and specialist assistants to complete domestic violence training or course work

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to higher education
Sep 14, 2011	print number 5300a
Sep 14, 2011	amend (t) and recommit to higher education
May 03, 2011	referred to higher education

Bill Amendments

2011-S5300 - Details

See Assembly Version of this Bill:: A2384
Law Section:: Education Law
Laws Affected:: Amd §6507, Ed L; amd §2805-k, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3808
2013-2014: A4906

2011-S5300 - Summary

Requires registered professional nurses, licensed practical nurses, physicians, dentists, podiatrists, optometrists, dental hygienists, physicians assistants and specialist assistants to complete approved domestic violence training or course work; completion of course work or training and documentation thereof begins January 1, 2013 and every four years afterwards.

2011-S5300 - Sponsor Memo

                                BILL NUMBER:S5300

TITLE OF BILL:
An act
to amend the education law and the public health law, in relation to
domestic violence course work or training

PURPOSE:
This bill requires health care professionals to complete domestic
violence course work or training as part of course work or training
in infection control practices appropriate to their professional
practice.

SUMMARY OF PROVISIONS:
Section One - Adds to section 6505-b to the Education Law to require
registered nurses and licensed practical nurses to undergo approved
domestic violence course work or training related to their
professional practice. These professionals would be required to
document completion of this training when registering with the
department beginning January 1, 2013 and every four years thereafter.

Section Three - Adds a new section 239-c to the Public Health Law to
require physicians, physician assistants and specialist assistants to
undergo approved domestic violence course work or training related to
their professional practice. These professionals would be required to
document completion of this training to the department beginning

January 1, 2013 and every four years thereafter.

Section Five - 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.

JUSTIFICATION:
In 1993, the Senate Democratic Task Force on Women's issues held
public hearings across the state on the health implications of
domestic violence. Many witnesses at these hearings, including
survivors, advocates and health care professionals, testified
regarding the need for health care professionals to undergo domestic
violence training related to their professional practices. This
legislation will provide for training for health care professionals
while assuring that such training is relevant to their practices.

LEGISLATIVE HISTORY:
2010: Bill A.3800
2008: Bill A.7517

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall rake 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 by such date.

2011-S5300 - Bill Text download pdf

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

                                  5300

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed 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. Section 6505-b of the education law, as amended by chapter
477 of the laws of 2008, is amended to read as follows:
  S 6505-b. Course work or training in infection control  practices  AND
DOMESTIC VIOLENCE.  1. Every dentist, registered nurse, licensed practi-
cal  nurse,  podiatrist,  optometrist and dental hygienist practicing in
the state shall, on or before July first, nineteen  hundred  ninety-four
and every four years thereafter, complete course work or training appro-
priate to the professional's practice approved by the department regard-
ing infection control and barrier precautions, including engineering and
work  practice controls, in accordance with regulatory standards promul-
gated by the department, in consultation with the department of  health,
which  shall  be  consistent, as far as appropriate, with such standards
adopted by the department of health  pursuant  to  section  two  hundred
thirty-nine of the public health law to prevent the transmission of HIV,
HBV  or  HCV  in  the course of professional practice. Each such profes-
sional shall document to the department  at  the  time  of  registration
commencing  with  the  first  registration  after  July  first, nineteen
hundred ninety-four 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 so document. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05929-04-1

S. 5300                             2

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 organiza-
tions representative of professions, institutions and those with  exper-
tise in infection control and HIV, HBV and HCV with respect to the regu-
latory standards promulgated pursuant to this section.
  2.  IN  ADDITION TO INFECTION CONTROL PRACTICES COURSE WORK AND TRAIN-
ING, EACH SUCH PROFESSIONAL SHALL, ON OR BEFORE JANUARY FIRST, TWO THOU-
SAND THIRTEEN AND EVERY FOUR YEARS THEREAFTER, 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  STANDARDS  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 REGISTRATION  COMMENCING  WITH
THE  FIRST  REGISTRATION AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN 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 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) 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 STANDARDS PROMULGATED  PURSUANT  TO  THIS
SECTION.
  3.  SUCH COURSE WORK AND TRAINING AS DESCRIBED IN SUBDIVISIONS ONE AND
TWO OF THIS SECTION SHALL BE COMPLETED SIMULTANEOUSLY AND SHALL  REQUIRE
EACH  SUCH  PROFESSIONAL  TO PAY A ONE-TIME FEE FOR SUCH COURSE WORK AND
TRAINING.
  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 THIRTEEN 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

S. 5300                             3

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.  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 to
read as follows:
  (f) Documentation  that  the  physician,  dentist  or  podiatrist  has
completed  the  INFECTION CONTROL PRACTICES AND DOMESTIC VIOLENCE course
work or training as mandated by [section] SECTIONS two  hundred  thirty-
nine  AND TWO HUNDRED THIRTY-NINE-C of this chapter or section six thou-
sand five hundred five-b 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.
  S 5. 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.

2011-S5300A (ACTIVE) - Details

See Assembly Version of this Bill:: A2384
Law Section:: Education Law
Laws Affected:: Amd §6507, Ed L; amd §2805-k, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3808
2013-2014: A4906

2011-S5300A (ACTIVE) - Summary

2011-S5300A (ACTIVE) - Sponsor Memo

2011-S5300A (ACTIVE) - Bill Text download pdf

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

                                 5300--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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

AN ACT to amend the education law and the public health law, in relation
  to domestic violence course work or training for certain  health  care
  professionals

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

  Section 1. Paragraph a of subdivision 3 of section 6507 of the  educa-
tion  law,  as amended by chapter 356 of the laws of 2006, is amended to
read as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. (I) Notwithstanding any other provision of law,
the commissioner shall establish standards requiring  that  all  persons
applying,  on  or  after  January  first,  nineteen  hundred ninety-one,
initially, or for the renewal of, a  license,  registration  or  limited
permit  to  be  a  physician,  chiropractor,  dentist, registered nurse,
podiatrist, optometrist,  psychiatrist,  psychologist,  licensed  master
social  worker,  licensed clinical social worker, licensed creative arts
therapist, licensed  marriage  and  family  therapist,  licensed  mental
health  counselor, licensed psychoanalyst, or dental hygienist shall, in
addition to all the other licensure, certification  or  permit  require-
ments,  have completed two hours of coursework or training regarding the
identification and  reporting  of  child  abuse  and  maltreatment.  The
coursework or training shall be obtained from an institution or provider
which  has been approved by the department to provide such coursework or
training. The coursework or training shall include information regarding
the physical and behavioral indicators of child abuse  and  maltreatment
and  the  statutory  reporting  requirements  set  out  in sections four

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05929-05-1

S. 5300--A                          2

hundred thirteen through four hundred twenty of the social services law,
including but not limited to, when and how a report must be  made,  what
other  actions the reporter is mandated or authorized to take, the legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to  the  office  of  mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation  showing  that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training  requirements  to  any  applicant  who  requests  such  an
exemption  and  who  shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training[;].
  (II) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE  COMMISSIONER
SHALL  ESTABLISH  STANDARDS  REQUIRING  THAT ALL PERSONS APPLYING, ON OR
AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN,  INITIALLY  FOR  A  LICENSE,
REGISTRATION  LIMITED  PERMIT  TO  BE  A PHYSICIAN, PHYSICIAN ASSISTANT,
SPECIALIST ASSISTANT, DENTIST, REGISTERED PROFESSIONAL  NURSE,  LICENSED
PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST OR DENTAL HYGIENIST, AND ALL
PERSONS PRACTICING, ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, AS
A PHYSICIAN, PHYSICIAN ASSISTANT, SPECIALIST ASSISTANT, DENTIST,  REGIS-
TERED  PROFESSIONAL NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOME-
TRIST OR DENTAL HYGIENIST, SHALL IN ADDITION TO ALL THE OTHER LICENSURE,
CERTIFICATION OR PERMIT REQUIREMENTS, AND EVERY FOUR  YEARS  THEREAFTER,
HAVE  COMPLETED COURSEWORK OR TRAINING APPROPRIATE TO THE PROFESSIONAL'S
PRACTICE REGARDING THE DIAGNOSIS, TREATMENT AND DOCUMENTATION OF  DOMES-
TIC VIOLENCE. THE COMMISSIONER SHALL ESTABLISH SUCH STANDARDS IN CONSUL-
TATION  WITH  THE DEPARTMENT OF HEALTH, THE OFFICE FOR THE PREVENTION OF
DOMESTIC VIOLENCE, ORGANIZATIONS REPRESENTATIVE OF THE PROFESSIONS,  AND
INSTITUTIONS  AND INDIVIDUALS WITH EXPERTISE IN DOMESTIC VIOLENCE.  EACH
SUCH PROFESSIONAL SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION  SHOW-
ING  THAT  HE OR SHE HAS COMPLETED THE REQUIRED TRAINING. THE DEPARTMENT
SHALL PROVIDE AN EXEMPTION FROM THE REQUIREMENTS OF THIS SUBPARAGRAPH TO
ANY PERSON WHO SUBMITS AN APPLICATION THEREFOR TO THE COMMISSIONER,  AND
WHO (A) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S SATISFACTION THAT THERE
WOULD  BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSEWORK OR TRAINING
BECAUSE OF THE NATURE OF HIS OR  HER  PRACTICE,  OR  (B)  HAS  COMPLETED
COURSEWORK  OR TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE
COURSEWORK OR TRAINING REQUIRED PURSUANT TO THIS SUBPARAGRAPH.
  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 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 AND SUBPARAGRAPH (II) OF PARAGRAPH A
OF  SUBDIVISION  THREE OF SECTION SIXTY-FIVE HUNDRED SEVEN OF THE EDUCA-
TION 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.
  S  3.  This act shall take effect immediately, except that section two
of this act shall take effect January 1, 2013.

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Senate Bill S5300A

Sponsored By

Archive: Last Bill Status - Stricken

Actions

Bill Amendments

2011-S5300 - Details

2011-S5300 - Summary

2011-S5300 - Sponsor Memo

2011-S5300 - Bill Text download pdf

2011-S5300A (ACTIVE) - Details

2011-S5300A (ACTIVE) - Summary

2011-S5300A (ACTIVE) - Sponsor Memo

2011-S5300A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Greg Ball

Archive: Last Bill Status - Stricken

Actions

Bill Amendments

2011-S5300 - Details

2011-S5300 - Summary

2011-S5300 - Sponsor Memo

2011-S5300 - Bill Text download pdf

2011-S5300A (ACTIVE) - Details

2011-S5300A (ACTIVE) - Summary

2011-S5300A (ACTIVE) - Sponsor Memo

2011-S5300A (ACTIVE) - Bill Text download pdf

Comments