Senate Bill S7329

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

                                  7329

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to clinical education
  in pain management and palliative care

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

  Section  1.  The  public health law is amended by adding a new article
28-F to read as follows:
                               ARTICLE 28-F
                   PAIN MANAGEMENT AND PALLIATIVE CARE
SECTION 2900. CLINICAL EDUCATION IN PAIN MANAGEMENT AND PALLIATIVE CARE.
  S 2900. CLINICAL EDUCATION IN PAIN MANAGEMENT AND PALLIATIVE CARE.  1.
EVERY HEALTH CARE PROFESSIONAL PRACTICING IN THE STATE SHALL, EVERY FOUR
YEARS  COMPLETE  COURSE  WORK  OR TRAINING REGARDING PAIN MANAGEMENT AND
PALLIATIVE CARE, APPROPRIATE TO THE PROFESSIONAL'S PRACTICE, APPROVED BY
THE DEPARTMENT IN ACCORDANCE WITH STANDARDS PROMULGATED BY  THE  COMMIS-
SIONER  IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION; AND SO DOCU-
MENT COMPLETION TO THE DEPARTMENT.   AS USED IN  THIS  SECTION,  "HEALTH
CARE  PROFESSIONAL"  MEANS A PERSON LICENSED, REGISTERED OR CERTIFIED TO
PRACTICE A HEALTH CARE PROFESSION UNDER TITLE EIGHT OF THE EDUCATION LAW
THAT IS DESIGNATED BY REGULATION OF THE COMMISSIONER UNDER THIS SECTION.
THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AREAS  OF  PRACTICE  OR
SPECIALTY WITHIN A PROFESSION THAT ARE EXEMPT FROM THIS SECTION.
  2.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH  AN  EXEMPTION  AND  WHO  DEMONSTRATES  TO  THE
DEPARTMENT'S SATISFACTION THAT:
  (A) THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK
OR TRAINING BECAUSE OF THE NATURE, AREA OR SPECIALTY OF HIS OR HER PRAC-
TICE, OR
  (B)  HE  OR  SHE  HAS  COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
DEPARTMENT TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING
APPROVED BY THE DEPARTMENT UNDER THIS SECTION.
  3. EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A  NATIONALLY-
RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION,

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

                                                           LBD11616-03-2

S. 7329                             2

OR  NATIONALLY-RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE CONSIDERED
IN IMPLEMENTING THIS SECTION. CURRICULA SHALL INCLUDE BUT NOT BE LIMITED
TO: PALLIATIVE MEDICINE;  PAIN;  NEUROPSYCHOLOGIC  AND  OTHER  SYMPTOMS;
PREVENTING,  IDENTIFYING,  AND  RESPONDING  TO ABUSE OF AND ADDICTION TO
PRESCRIPTION DRUGS; ETHICS AND THE LAW; PATIENT AND FAMILY  PERSPECTIVES
ON  END-OF-LIFE  CARE; ACUPUNCTURE TREATMENT; ADVANCED CARE PLANNING AND
CLINICAL COMMUNICATION SKILLS.   THE  COMMISSIONER  SHALL  CONSULT  WITH
ORGANIZATIONS  REPRESENTATIVE OF HEALTH CARE PRACTITIONERS, INSTITUTIONS
AND THOSE WITH EXPERTISE IN PAIN MANAGEMENT, INCLUDING EXPERTISE IN  THE
ACUPUNCTURE FIELD, AND PALLIATIVE CARE WITH RESPECT TO THE STANDARDS AND
REGULATIONS PROMULGATED UNDER THIS SECTION.
  4.  THE  COMMISSIONER, IN DEVELOPING, REVIEWING AND IMPLEMENTING REGU-
LATIONS AND STANDARDS UNDER THIS SECTION, AND THE COMMISSIONER OF EDUCA-
TION, SHALL CONSULT THE NEW YORK STATE  PALLIATIVE  CARE  EDUCATION  AND
TRAINING COUNCIL CREATED BY SECTION TWENTY-EIGHT HUNDRED SEVEN-N OF THIS
CHAPTER.
  S 2.  This act shall take effect one year after it shall have become a
law.    Effective  immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this  act  on
its  effective  date is authorized to be made and completed on or before
such effective date.