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

                                   770

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law and the public health law, in relation
  to requiring cultural awareness and competence  training  for  medical
  professionals

  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  CULTURAL  AWARENESS  AND  COMPE-
TENCE.  1.  EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT, DENTIST, REGISTERED
NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST AND NURSE PRAC-
TITIONER PRACTICING IN THE STATE WHO PROVIDES DIRECT MEDICAL SERVICES TO
PATIENTS IN THIS STATE SHALL, ON OR  BEFORE  JULY  FIRST,  TWO  THOUSAND
SIXTEEN  AND  EVERY REGISTRATION PERIOD THEREAFTER, COMPLETE COURSE WORK
OR TRAINING REGARDING CULTURAL AWARENESS AND COMPETENCE IN THE PROVISION
OF MEDICAL SERVICES IN ACCORDANCE WITH  REGULATED STANDARDS  PROMULGATED
BY  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. SUCH
CULTURAL AWARENESS AND COMPETENCE COURSE WORK OR TRAINING SHALL  REQUIRE
TWO  HOURS  OF  COURSE WORK OR TRAINING ENCOMPASSING MINORITY HEALTHCARE
ISSUES INCLUDING ETHNIC, RELIGIOUS, LINGUISTIC, SEXUAL  ORIENTATION  AND
GENDER  IDENTITY  HEALTHCARE ISSUES AND THEIR IMPACT ON MINORITY HEALTH-
CARE. IN PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION  THE
DEPARTMENT  IS  ADVISED  TO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN CULTURAL AWARENESS
AND COMPETENCE.
  2. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL  CONTINUING  EDUCATION"
SHALL  MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS  OF  THE
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
PROGRAMS  MUST  BE TAKEN FROM SPONSORS HAVING THE FACILITIES, EQUIPMENT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00794-01-5
              

A. 770                              2

AND FINANCIAL AND PHYSICAL RESOURCES  TO  PROVIDE  CONTINUING  EDUCATION
COURSES,  APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.  CONTINUING EDUCATION MAY BE PROVIDED IN AN INTERNET-BASED
COURSE FORMAT AS APPROVED BY THE DEPARTMENT.
  3.  EACH  SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND SIXTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK  OR
TRAINING IN ACCORDANCE WITH THIS SECTION.
  4.  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; (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; (III) HAS COMPLETED
COURSE  WORK OR TRAINING PERTAINING TO CULTURAL AWARENESS AND COMPETENCE
WHICH HAS BEEN INCORPORATED AS PART OF A RISK MANAGEMENT COURSE  OFFERED
PURSUANT  TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-
THREE OF THE INSURANCE LAW, PROVIDED THAT SUCH EDUCATIONAL  CONTENT  HAS
BEEN  APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES; OR (IV) IS A
MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY  WITH  THE
ARMED FORCES OF THE UNITED STATES.
  5.  AT THE BEGINNING OF EACH REGISTRATION PERIOD, A MANDATORY CONTINU-
ING  EDUCATION  FEE  OF FIVE DOLLARS SHALL BE COLLECTED FROM ALL PERSONS
REQUIRED TO COMPLETE THE COURSE  WORK  AND  TRAINING  REQUIRED  BY  THIS
SECTION;  PROVIDED  THAT  ANY  PERSON OBTAINING AN EXEMPTION PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION SHALL NOT BE REQUIRED TO PAY SUCH  FIVE
DOLLAR  FEE.  THIS FEE SHALL BE IN ADDITION TO ALL OTHER EXISTING REGIS-
TRATION FEES.
  6. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO  IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  ANY  PERSON  SUBJECT  TO  THE  PROVISIONS OF THIS SECTION, WHO FALSELY
ATTESTS TO HAVING COMPLETED THE REQUIRED COURSE WORK OR  TRAINING  SHALL
BE  SUBJECT  TO PROFESSIONAL MISCONDUCT AS PROVIDED BY SUBDIVISION TWEN-
TY-ONE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS TITLE  AND  SUBDIVI-
SION NINE OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE.
  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
and a new subdivision 5 is added 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 OR SECTION SIXTY-FIVE HUNDRED FIVE-D
OF  THE  EDUCATION LAW.  A hospital or facility shall not grant or renew
professional privileges or  association  to  a  physician,  dentist,  or
podiatrist who has not completed such course work or training.  A HOSPI-
TAL  OR  FACILITY SHALL NOT KNOWINGLY GRANT OR RENEW PROFESSIONAL PRIVI-
LEGES OR ASSOCIATION TO ANYONE  REQUIRED  TO  COMPLETE  COURSE  WORK  OR
TRAINING  UNLESS  SAID PERSON HAS ATTESTED TO HAVING TAKEN SUCH REQUIRED
COURSE WORK OR TRAINING.
  5. PRIOR TO HIRING OR OTHERWISE GRANTING  PRIVILEGES  TO  A  PHYSICIAN
ASSISTANT,  REGISTERED NURSE, LICENSED PRACTICAL NURSE OR OPTOMETRIST OR
A HOSPITAL OR FACILITY APPROVED PURSUANT TO THIS ARTICLE  SHALL  REQUEST
FROM  SUCH  PERSON DOCUMENTATION THAT HE OR SHE HAS COMPLETED THE COURSE
WORK OR TRAINING AS MANDATED BY SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR OTHERWISE  GRANT

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PRIVILEGES  TO A PHYSICIAN ASSISTANT, REGISTERED NURSE, LICENSED PRACTI-
CAL NURSE OR OPTOMETRIST WHO HAS  NOT  COMPLETED  SUCH  COURSE  WORK  OR
TRAINING.
  S 3.  This act shall take effect immediately.