S T A T E O F N E W Y O R K
________________________________________________________________________
2384--B
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
___________
Introduced by M. of A. GABRYSZAK, CLARK, MILLMAN, PAULIN, ROBINSON,
ROSENTHAL, SPANO, P. RIVERA -- Multi-Sponsored by -- M. of A. BOYLAND,
COOK, CORWIN, HEASTIE, HOOPER, KOLB, MENG, PEOPLES-STOKES, RAIA,
SAYWARD, SCARBOROUGH, THIELE, WEISENBERG -- read once and referred to
the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05929-06-1
A. 2384--B 2
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
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
A. 2384--B 3
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.