Senate Bill S1844A

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

                                 1844--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- recommitted to the Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- 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

  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. DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY  REGISTERED
NURSE AND LICENSED PRACTICAL NURSE PRACTICING IN THIS STATE SHALL, ON OR
BEFORE  JANUARY FIRST, TWO THOUSAND FOURTEEN AND EVERY FOUR YEARS THERE-
AFTER, COMPLETE COURSE WORK  OR  TRAINING  APPROPRIATE  TO  THE  PROFES-
SIONAL'S PRACTICE APPROVED BY THE DEPARTMENT REGARDING DIAGNOSIS, TREAT-
MENT,  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 JANU-
ARY FIRST, TWO THOUSAND FOURTEEN 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 ORGANIZA-
TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH  EXPER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05929-07-2
              

S. 1844--A                          2

TISE  IN  DOMESTIC  VIOLENCE  WITH  RESPECT  TO THE REGULATORY STANDARDS
PROMULGATED PURSUANT TO THIS SECTION.
  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 FOURTEEN 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
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. 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.