S T A T E O F N E W Y O R K
________________________________________________________________________
7132
I N S E N A T E
(PREFILED)
January 8, 2020
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring opioid
training for medical professionals to reduce patient opioid abuse and
reliance
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 TO ADDRESS PATIENT SUBSTANCE USE
DISORDERS. 1. EVERY REGISTERED NURSE, LICENSED PRACTICAL NURSE, AND
NURSE PRACTITIONER 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
AT LEAST TWO HOURS OF COURSE WORK OR TRAINING ON WAYS TO PREVENT OR
ADDRESS PATIENT SUBSTANCE USE DISORDER IN THE PROVISION OF MEDICAL
SERVICES IN ACCORDANCE WITH REGULATED STANDARDS PROMULGATED BY THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
OF ADDICTION SERVICES AND SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS
NECESSARY ACCORDING TO BEST PRACTICES FOR PROVIDING PATIENT-CENTERED
CARE WITH CONSIDERATION GIVEN TO SOCIAL DETERMINANTS OF HEALTH AND
CO-OCCURRING DISORDERS. COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT
BE LIMITED TO: TECHNIQUES FOR MANAGING PAIN; PREVENTION, SCREENING AND
SIGNS OF SUBSTANCE USE DISORDERS; APPROPRIATE RESPONSES TO SUBSTANCE USE
DISORDERS; TECHNIQUES THAT WILL REDUCE THE LIKELIHOOD OF OVERDOSE AND
THE SPREAD OF BLOOD-BORNE DISEASES BY THOSE WHO USE DRUGS; AND MEDICA-
TIONS USED FOR THE TREATMENT OF SUBSTANCE USE DISORDERS. IN PROMULGATING
REGULATORY STANDARDS PURSUANT TO THIS SECTION THE DEPARTMENT IS ADVISED
TO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTI-
TUTIONS AND THOSE WITH EXPERTISE IN HARM REDUCTION STRATEGIES AND IN THE
TREATMENT OF SUBSTANCE USE DISORDERS.
2. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14692-02-0
S. 7132 2
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:
A. 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;
B. 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; OR
C. IS A MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY
WITH THE ARMED FORCES OF THE UNITED STATES.
5. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
6. 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. Section 7607 of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. EVERY PSYCHOLOGIST PRACTICING IN THE STATE SHALL COMPLETE AT
LEAST TWO HOURS OF COURSE WORK OR TRAINING, AS PART OF MANDATORY CONTIN-
UING EDUCATION REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE USE
DISORDER IN THE PROVISION OF PSYCHOLOGICAL SERVICES IN ACCORDANCE WITH
REGULATED STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS NECESSARY ACCORDING TO BEST
PRACTICES FOR PROVIDING PATIENT-CENTERED CARE. COURSE WORK OR TRAINING
SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN MANAGEMENT; PREVENTION,
SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS; APPROPRIATE RESPONSES TO
SUBSTANCE USE DISORDERS; AND HARM REDUCTION STRATEGIES. IN PROMULGATING
REGULATORY STANDARDS PURSUANT TO THIS SECTION THE DEPARTMENT IS ADVISED
TO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTI-
TUTIONS AND THOSE WITH EXPERTISE IN HARM REDUCTION STRATEGIES AND IN THE
TREATMENT OF SUBSTANCE USE DISORDERS.
§ 3. Section 7710 of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. EVERY LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER PRACTICING IN THE STATE SHALL COMPLETE AT LEAST TWO HOURS OF
COURSE WORK OR TRAINING, AS PART OF MANDATORY CONTINUING EDUCATION
REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE USE DISORDER IN
ACCORDANCE WITH REGULATED STANDARDS PROMULGATED BY THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS NECESSARY
ACCORDING TO BEST PRACTICES FOR PROVIDING PATIENT-CENTERED CARE. COURSE
WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN MANAGEMENT;
S. 7132 3
PREVENTION, SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS; APPROPRIATE
RESPONSES TO SUBSTANCE USE DISORDERS; AND HARM REDUCTION STRATEGIES. IN
PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION THE DEPART-
MENT IS ADVISED TO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN HARM REDUCTION
STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
§ 4. Section 8412 of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. EVERY LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
APIST, AND PSYCHOANALYST PRACTICING IN THE STATE SHALL COMPLETE AT LEAST
TWO HOURS OF COURSE WORK OR TRAINING, AS PART OF MANDATORY CONTINUING
EDUCATION REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE USE
DISORDER IN ACCORDANCE WITH REGULATED STANDARDS PROMULGATED BY THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
OF ADDICTION SERVICES AND SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS
NECESSARY ACCORDING TO BEST PRACTICES FOR PROVIDING PATIENT-CENTERED
CARE. COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN
MANAGEMENT; PREVENTION, SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS;
APPROPRIATE RESPONSES TO SUBSTANCE USE DISORDERS; AND HARM REDUCTION
STRATEGIES. 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 HARM
REDUCTION STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
§ 5. Section 6742-a of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. EVERY LICENSED PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERA-
PIST ASSISTANT PRACTICING IN THE STATE SHALL COMPLETE AT LEAST TWO HOURS
OF COURSE WORK OR TRAINING, AS PART OF MANDATORY CONTINUING EDUCATION
REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE USE DISORDER IN
ACCORDANCE WITH REGULATED STANDARDS PROMULGATED BY THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS NECESSARY
ACCORDING TO BEST PRACTICES FOR PROVIDING PATIENT-CENTERED CARE. COURSE
WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN MANAGEMENT,
PREVENTION, SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS; APPROPRIATE
RESPONSES TO SUBSTANCE USE DISORDERS; AND HARM REDUCTION STRATEGIES. IN
PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION THE DEPART-
MENT IS ADVISED TO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN HARM REDUCTION
STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
§ 6. Section 7908 of the education law is amended by adding a new
subdivision 2-a to read as follows:
(2-A) EVERY OCCUPATIONAL THERAPIST PRACTICING IN THE STATE SHALL
COMPLETE AT LEAST TWO HOURS OF COURSE WORK OR TRAINING, AS PART OF
MANDATORY CONTINUING EDUCATION REQUIREMENTS, ON WAYS TO PREVENT OR
ADDRESS SUBSTANCE USE DISORDER IN ACCORDANCE WITH REGULATED STANDARDS
PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. SUCH TRAINING
SHALL BE UPDATED AS NECESSARY ACCORDING TO BEST PRACTICES FOR PROVIDING
PATIENT-CENTERED CARE. COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT BE
LIMITED TO: PAIN MANAGEMENT; PREVENTION, SCREENING AND SIGNS OF
SUBSTANCE USE DISORDERS; APPROPRIATE RESPONSES TO SUBSTANCE USE DISOR-
DERS; AND HARM REDUCTION STRATEGIES. IN PROMULGATING REGULATORY STAND-
ARDS PURSUANT TO THIS SECTION THE DEPARTMENT IS ADVISED TO CONSULT WITH
ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH
S. 7132 4
EXPERTISE IN HARM REDUCTION STRATEGIES AND IN THE TREATMENT OF SUBSTANCE
USE DISORDERS.
§ 7. Section 6554-a of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. EVERY CHIROPRACTOR PRACTICING IN THE STATE SHALL COMPLETE AT
LEAST TWO HOURS OF COURSE WORK OR TRAINING, AS PART OF MANDATORY CONTIN-
UING EDUCATION REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE USE
DISORDER IN ACCORDANCE WITH REGULATED STANDARDS PROMULGATED BY THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
OF ADDICTION SERVICES AND SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS
NECESSARY ACCORDING TO BEST PRACTICES FOR PROVIDING PATIENT-CENTERED
CARE. COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN
MANAGEMENT; PREVENTION, SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS;
APPROPRIATE RESPONSES TO SUBSTANCE USE DISORDERS; AND HARM REDUCTION
STRATEGIES. 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 HARM
REDUCTION STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
§ 8. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, section two of this
act shall take effect on the same date and in the same manner as chapter
436 of the laws of 2018, takes effect.
