S T A T E O F N E W Y O R K
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9066
I N A S S E M B L Y
January 21, 2016
___________
Introduced by M. of A. RYAN -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to creating a continuing
medical education requirement for health care professionals; to amend
the environmental conservation law and the state finance law, in
relation to the creation of the safe drug disposal site grant program
and fund; and to amend the executive law, in relation to the creation
of an advisory panel on health curricula in schools; and making an
appropriation therefor
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 6524-a
to read as follows:
S 6524-A. CONTINUING MEDICAL EDUCATION. 1. A. EACH HEALTH CARE PROFES-
SIONAL LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THIS CHAP-
TER TO TREAT HUMANS, MUST COMPLY WITH THE PROVISIONS OF THE CONTINUING
MEDICAL EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS
SECTION. THOSE WHO DO NOT SATISFY THE MANDATORY CONTINUING MEDICAL
EDUCATION REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY
HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION
CERTIFICATE, EXCEPT THAT THEY MAY PRACTICE WITHOUT HAVING MET SUCH
REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
TO SUBDIVISION THREE OF THIS SECTION.
B. THE DEPARTMENT OF HEALTH SHALL COLLECT DATA FROM THE I-STOP SYSTEM
SEMIANNUALLY AND DETERMINE THE AVERAGE NUMBER OF SCHEDULE II, III, AND
IV CONTROLLED SUBSTANCES EACH HEALTH CARE PROFESSIONAL, AS DESCRIBED IN
PARAGRAPH A OF THIS SUBDIVISION, PRESCRIBES PER YEAR AND REPORT SUCH
FINDINGS TO THE DEPARTMENT. ONLY THOSE HEALTH CARE PROFESSIONALS WHOSE
RATE OF PRESCRIPTION IS WITHIN THE TOP TWENTY PERCENT OF HEALTH CARE
PROFESSIONALS WHO PRESCRIBE SCHEDULE II, III, AND IV CONTROLLED
SUBSTANCES ARE SUBJECT TO THE CONTINUING MEDICAL EDUCATION PROVISIONS OF
THIS SECTION. ADJUSTMENT TO THE CONTINUING MEDICAL EDUCATION REQUIRE-
MENTS MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF THE
LICENSEE WHERE CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13261-02-6
A. 9066 2
EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR
OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI-
ANCE.
2. A. DURING THE REGISTRATION PERIOD AN APPLICANT FOR REGISTRATION AS
A HEALTH CARE PROFESSIONAL SHALL COMPLETE A MINIMUM OF THREE HOURS OF
COURSEWORK OF CONTINUING MEDICAL EDUCATION, AS SPECIFIED IN SUBDIVISION
FOUR OF THIS SECTION; PROVIDED, HOWEVER, THAT SAID HOURS SHALL BE DEEMED
TO COUNT TOWARD THE PROFESSIONAL'S OBLIGATION FOR BOARD CERTIFICATION.
B. A LICENSEE WHO HAS NOT SATISFIED THE CONTINUING MEDICAL EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A REGISTRATION CERTIFICATE BY THE
DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGIS-
TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF
THIS SECTION.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL COURSE-
WORK WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL
REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR
REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL BE
DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY LICENSEE
WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT
EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING MEDICAL
EDUCATION COURSEWORK AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE
SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TEN OF THIS TITLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "COURSEWORK" SHALL MEAN
CURRICULA ESTABLISHED BY THE DEPARTMENT OF HEALTH OR AN EXISTING
NATIONALLY RECOGNIZED CURRICULA REGARDING APPROPRIATE PRACTICES FOR PAIN
MANAGEMENT, PALLIATIVE CARE AND ADDICTION. SUCH COURSEWORK SHALL BE
AVAILABLE IN AN ONLINE FORMAT AND MAY BE AVAILABLE AT LIVE CONTINUING
MEDICAL EDUCATION (CME) CONFERENCES THAT ARE APPROVED FOR CATEGORY ONE
CME CREDITS OF THE AMERICAN MEDICAL ASSOCIATION'S (AMA) PHYSICIAN RECOG-
NITION AWARD AND MEET THE REQUIREMENTS OF THE DEPARTMENT OF HEALTH. IN
ADDITION, EXISTING ONLINE TRAINING COURSES THAT ARE OFFERED BY MEMBER
BOARDS OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES THAT ARE REQUIRED
FOR MAINTENANCE OF CERTIFICATION (MOC) MAY BE APPROVED BY THE DEPARTMENT
OF HEALTH FOR ALL OR A PORTION OF NEW YORK'S REQUIRED COURSEWORK RELATED
TO THE APPROPRIATE PRESCRIBING PRACTICES FOR PAIN MANAGEMENT, PALLIATIVE
CARE, AND ADDICTION.
5. HEALTH CARE PROFESSIONALS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF
COMPLETION OF ACCEPTABLE CONTINUING MEDICAL EDUCATION COURSEWORK AND
SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAIL-
URE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE DEPARTMENT SHALL
BE AN ACT OF MISCONDUCT SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT
TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
6. THE CONTINUING MEDICAL EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS
FOR HEALTH PROFESSIONALS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
EACH REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE REGISTRA-
TION FEE REQUIRED.
S 2. Title 27 of article 27 of the environmental conservation law, as
added by chapter 625 of the laws of 2008, is amended by adding a new
section 27-2705 to read as follows:
S 27-2705. SAFE DRUG DISPOSAL SITE GRANT PROGRAM.
1. ANY PHARMACY OR DRUG ENFORCEMENT AGENCY AUTHORIZED TO COLLECT DRUGS
PER THE DEPARTMENT MAY APPLY FOR A GRANT FROM THE SAFE DRUG DISPOSAL
A. 9066 3
SITE FUND AS ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Y OF THE STATE
FINANCE LAW. GRANTS MAY ONLY BE ISSUED FOR THE OPERATION OF A SAFE
DISPOSAL SITE FOR SCHEDULE II, III, IV, AND V CONTROLLED SUBSTANCES.
OPERATION OF SUCH SITE SHALL INCLUDE THE COLLECTION, STORAGE, OR
DISPOSAL OF CONTROLLED SUBSTANCES FROM INDIVIDUAL CONSUMERS, BUT SHALL
NOT BE USED TO DISPOSE OF ANY INVENTORY.
2. THE COMMISSIONER SHALL DEVELOP GUIDELINES SETTING FORTH THE GENERAL
REQUIREMENTS OF ELIGIBILITY FOR QUALIFYING FOR A GRANT AND GUIDELINES
FOR APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION. FURTHER,
THE COMMISSIONER SHALL DETERMINE LIMITS ON THE AMOUNT OF MONEY EACH
AUTHORIZED DRUG COLLECTOR MAY RECEIVE PER GRANT AND ANY DISCIPLINARY
ACTION SUCH COLLECTOR MAY RECEIVE FOR NONCOMPLIANCE WITH THIS SECTION.
S 3. The state finance law is amended by adding a new section 99-y to
read as follows:
S 99-Y. SAFE DRUG DISPOSAL SITE FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SAFE DRUG
DISPOSAL SITE FUND". THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
SHALL PROMULGATE ANY RULES AND REGULATIONS HE OR SHE DEEMS NECESSARY TO
IMPLEMENT AND REGULATE SUCH FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED, CREDITED, OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTH-
ING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
GRANTS, GIFTS, OR BEQUESTS FOR THE PURPOSES OF THE FUND PURSUANT TO
SECTION 27-2705 OF THE ENVIRONMENTAL CONSERVATION LAW.
3. THE MONEYS IN THE SAFE DRUG DISPOSAL SITE FUND SHALL BE KEPT SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
4. THE MONEYS IN THE SAFE DRUG DISPOSAL SITE FUND SHALL BE DISTRIBUTED
PURSUANT TO SECTION 27-2705 OF THE ENVIRONMENTAL CONSERVATION LAW.
S 4. The executive law is amended by adding a new section 94-c to read
as follows:
S 94-C. ADVISORY PANEL ON HEALTH CURRICULA IN SCHOOLS. 1. AN ADVISORY
PANEL IS HEREBY CREATED UNDER THE DEPARTMENT OF STATE TO EVALUATE AND
UPDATE THE CURRICULUM FOR HEALTH CLASSES IN PUBLIC SCHOOLS IN THE STATE.
2. SUCH ADVISORY PANEL SHALL BE APPOINTED BY THE COMMISSIONER AND
COMPOSED OF INDIVIDUALS INVOLVED IN EDUCATION AND/OR WITH A BACKGROUND
IN THE AREAS OF ADDICTION, DRUG USE, LAW ENFORCEMENT AND DRUG TREATMENT.
3. SUCH PANEL MEMBERS SHALL SERVE WITHOUT COMPENSATION EXCEPT THAT
SUCH MEMBERS SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN SUCH SERVICE.
4. THE ADVISORY PANEL SHALL MAKE ANNUAL UPDATE RECOMMENDATIONS TO THE
DEPARTMENT OF EDUCATION WITH CURRENT INFORMATION REGARDING HEALTH.
S 5. The sum of two million dollars ($2,000,000), is hereby appropri-
ated to the department of environmental conservation out of moneys in
the state treasury in the general fund to the credit of the state
purposes account, not otherwise appropriated, and made immediately
available, for the purpose of carrying out the provisions of section
three of this act. Such moneys shall be payable on the audit and warrant
of the comptroller on vouchers certified or approved by the commissioner
of environmental conservation in the manner prescribed by law.
S 6. This act shall take effect immediately.