S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2406--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced by Sens. SERRANO, BAILEY, KRUEGER, MONTGOMERY, RIVERA -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Higher Education -- recommitted to the Committee on High-
   er 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  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
 TWENTY-ONE 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 ORIEN-
 TATION AND GENDER IDENTITY HEALTHCARE ISSUES AND THEIR IMPACT ON MINORI-
 TY  HEALTHCARE.  IN  PROMULGATING  REGULATORY STANDARDS PURSUANT TO THIS
 SECTION THE DEPARTMENT IS ADVISED TO CONSULT WITH  ORGANIZATIONS  REPRE-
 SENTATIVE  OF  PROFESSIONS,  INSTITUTIONS  AND  THOSE  WITH EXPERTISE IN
 CULTURAL AWARENESS AND COMPETENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03615-02-0
              

 S. 2406--A                          2
 
   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,
 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 TWENTY-ONE 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.

 S. 2406--A                          3
 
   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
 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.