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.