S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3456
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sens.  SERRANO,  BAILEY, KRUEGER, MONTGOMERY, PERKINS --
   read twice and ordered printed, and when printed to  be  committed  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:
   §  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
 EIGHTEEN 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04455-01-7

 S. 3456                             2
 
 PROGRAMS MUST BE TAKEN FROM SPONSORS HAVING THE  FACILITIES,  EQUIPMENT,
 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 EIGHTEEN 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.
   § 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

 S. 3456                             3

 EDUCATION  LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR OTHERWISE GRANT
 PRIVILEGES TO A PHYSICIAN ASSISTANT, REGISTERED NURSE, LICENSED  PRACTI-
 CAL  NURSE  OR  OPTOMETRIST  WHO  HAS  NOT COMPLETED SUCH COURSE WORK OR
 TRAINING.
   § 3.  This act shall take effect immediately.