S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3864
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the public health law and the education law, in relation
   to providing course work and training in HIV and STI testing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 239-c to read as follows:
   § 239-C. COURSE WORK OR TRAINING IN HIV AND STI TESTING PRACTICES. (A)
 EVERY PHYSICIAN, PHYSICIAN ASSISTANT AND SPECIALIST ASSISTANT PRACTICING
 IN THE STATE SHALL, WITHIN ONE  YEAR  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION  AND EVERY FOUR YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAIN-
 ING, APPROPRIATE TO THE PROFESSIONAL'S PRACTICE, APPROVED BY THE DEPART-
 MENT REGARDING HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND SEXUALLY TRANSMIT-
 TED  INFECTIONS  (STI)  TESTING,  AND  THE  ELEMENTS  OF  SEXUAL  HEALTH
 INCLUDING  SEXUAL  ORIENTATION  AND GENDER IDENTITY. SUCH TRAINING SHALL
 INCLUDE BEST PRACTICES FOR DISCUSSING ROUTES AND RISKS OF  HIV  AND  STI
 TRANSMISSION,  ADVISING  AS  TO  THE BENEFITS OF TESTING, THE CONCEPT OF
 INFORMED CONSENT, WORKING WITH ALLIED HEALTH PROFESSIONALS  AND  TRAINED
 PEER  HEALTH EDUCATORS TO FACILITATE TESTING UPON CONSENT, AND PROVIDING
 RESPECTFUL AND DIGNIFIED CARE FOR PATIENTS OF  ALL  SEXUAL  ORIENTATIONS
 AND  GENDER  IDENTITIES, INCLUDING PATIENTS WHO ARE INTERSEX. THE TRAIN-
 INGS SHALL BE CONDUCTED IN ACCORDANCE WITH REGULATORY STANDARDS  PROMUL-
 GATED  BY  THE  DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF EDUCA-
 TION, TO FACILITATE THE TESTING  OF  HIV  AND  STIS  IN  THE  COURSE  OF
 PROFESSIONAL  PRACTICE.  SUCH  COURSE  WORK  OR  TRAINING  SHALL ALSO BE
 COMPLETED BY EVERY  MEDICAL  STUDENT,  MEDICAL  RESIDENT  AND  PHYSICIAN
 ASSISTANT  STUDENT  IN  THE  STATE  AS  PART OF THE ORIENTATION PROGRAMS
 CONDUCTED BY MEDICAL SCHOOLS, MEDICAL RESIDENCY PROGRAMS  AND  PHYSICIAN
 ASSISTANT PROGRAMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00331-02-1
              

 A. 3864                             2
 
   (B)   EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT,  SPECIALIST  ASSISTANT,
 MEDICAL STUDENT, MEDICAL RESIDENT AND PHYSICIAN ASSISTANT  STUDENT  MUST
 PROVIDE  TO THE DEPARTMENT DOCUMENTATION DEMONSTRATING THE COMPLETION OF
 AND COMPETENCE IN THE COURSE WORK OR TRAINING REQUIRED UNDER SUBDIVISION
 (A)  OF  THIS  SECTION, PROVIDED HOWEVER, THAT PHYSICIANS SUBJECT TO THE
 PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION ONE OF  SECTION  TWENTY-EIGHT
 HUNDRED  FIVE-K  OF  THIS  CHAPTER SHALL NOT BE REQUIRED TO PROVIDE SUCH
 DOCUMENTATION TO THE DEPARTMENT.
   (C) THE DEPARTMENT SHALL PROVIDE AN EXEMPTION  FROM  THE  REQUIREMENTS
 IMPOSED  BY  SUBDIVISION (A) OF THIS SECTION TO ANYONE WHO REQUESTS SUCH
 AN EXEMPTION AND WHO (I) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S SATIS-
 FACTION 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 OR
 (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY  THE
 DEPARTMENT TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING
 APPROVED  BY  THE  DEPARTMENT  PURSUANT  TO  THIS SECTION. AN INDIVIDUAL
 GRANTED AN EXEMPTION MUST REAPPLY TO CONTINUE SUCH EXEMPTION EVERY  FOUR
 YEARS.
   (D)  THE DEPARTMENT SHALL CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
 PROFESSIONS, INSTITUTIONS, PERSONS LIVING WITH HIV, PERSONS OF ALL SEXU-
 AL ORIENTATIONS AND GENDER IDENTITIES, PERSONS  WHO  ARE  INTERSEX,  AND
 THOSE  WITH  EXPERTISE  IN  ISSUES  OF  CONSENT  AND MEDICAL ETHICS WITH
 RESPECT  TO  THE  REGULATORY  STANDARDS  PROMULGATED  PURSUANT  TO  THIS
 SECTION.  ON  OR  BEFORE  SEPTEMBER  FIRST, TWO THOUSAND THIRTY-ONE, AND
 PERIODICALLY THEREAFTER AS DETERMINED NECESSARY BY THE COMMISSIONER, THE
 DEPARTMENT, INCLUDING ITS PATIENT SAFETY CENTER,  IN  CONSULTATION  WITH
 THE  COUNCIL  ON GRADUATE MEDICAL EDUCATION, SHALL REVIEW AND REVISE THE
 CONTENT OF THE COURSE WORK OR TRAINING IN HIV AND STI TESTING  PRACTICES
 AS  NECESSARY  TO  ENSURE  THAT  SUCH  CONTENT: (I) REFLECTS THE CURRENT
 INFECTION CONTROL PRACTICES AND STANDARDS ACCEPTED AND PROMOTED  BY  THE
 MEDICAL AND SCIENTIFIC COMMUNITIES; (II) FOCUSES PARTICULAR ATTENTION ON
 INSTRUCTION  IN STANDARDS OF PRACTICE FOR WHICH COMPLIANCE IS SUBOPTIMAL
 BASED ON THE DEPARTMENT'S EXPERIENCE; AND (III)  EMPHASIZES  THE  IMPOR-
 TANCE  OF  WORKING  WITH  ALLIED  HEALTH  CARE  PROFESSIONALS AND STAFF,
 INCLUDING NURSES, PATIENT AIDES, AND PEER HEALTH  EDUCATORS,  IN  IMPLE-
 MENTING BEST PRACTICES IN TESTING AND ADVISING.
   §  2.  The  education law is amended by adding a new section 6505-d to
 read as follows:
   § 6505-D. COURSE WORK OR TRAINING IN HIV  TESTING  PRACTICES.    EVERY
 REGISTERED  NURSE  AND  LICENSED PRACTICAL NURSE PRACTICING IN THE STATE
 SHALL, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION  AND  EVERY
 FOUR  YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAINING, APPROPRIATE TO
 THE PROFESSIONAL'S PRACTICE, APPROVED BY THE DEPARTMENT REGARDING  HUMAN
 IMMUNODEFICIENCY  VIRUS  (HIV) AND SEXUALLY TRANSMITTED INFECTIONS (STI)
 TESTING, AND THE ELEMENTS OF SEXUAL HEALTH INCLUDING SEXUAL  ORIENTATION
 AND GENDER IDENTITY, IN ACCORDANCE WITH REGULATORY STANDARDS PROMULGATED
 BY  THE  DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, WHICH
 SHALL BE CONSISTENT, AS FAR AS APPROPRIATE, WITH SUCH STANDARDS  ADOPTED
 BY  THE DEPARTMENT OF HEALTH PURSUANT TO SECTION TWO HUNDRED THIRTY-NINE
 OF THE PUBLIC HEALTH  LAW.  EACH  PROFESSIONAL  SHALL  DOCUMENT  TO  THE
 DEPARTMENT AT THE TIME OF REGISTRATION, COMMENCING WITH THE FIRST REGIS-
 TRATION  AFTER  THIS  SECTION  TAKES  EFFECT  THAT SUCH PROFESSIONAL HAS
 COMPLETED THE COURSE WORK OR TRAINING IN ACCORDANCE WITH  THIS  SECTION,
 PROVIDED,  HOWEVER,  THAT  A  PROFESSIONAL  SUBJECT TO THE PROVISIONS OF
 PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED  FIVE-K
 OF  THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO SUBMIT SUCH DOCUMENT.

 A. 3864                             3
 
 THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THE REQUIREMENTS  IMPOSED
 BY  THIS  SECTION  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 OR (II) THAT HE OR SHE  HAS
 COMPLETED  COURSE WORK OR TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIV-
 ALENT TO THE STANDARDS FOR COURSE  WORK  OR  TRAINING  APPROVED  BY  THE
 DEPARTMENT  PURSUANT  TO THIS SECTION. THE DEPARTMENT SHALL CONSULT WITH
 ORGANIZATIONS  REPRESENTATIVE  OF  PROFESSIONS,  INSTITUTIONS,   PERSONS
 LIVING  WITH  HIV, PERSONS OF ALL SEXUAL ORIENTATIONS AND GENDER IDENTI-
 TIES, PERSONS WHO ARE INTERSEX, AND THOSE WITH EXPERTISE  IN  ISSUES  OF
 CONSENT  AND  MEDICAL  ETHICS  WITH  RESPECT TO THE REGULATORY STANDARDS
 PROMULGATED PURSUANT TO THIS SECTION.
   § 3. This act shall take effect immediately.