NY State Senate Bill 2021-S5138

Senate Bill S5138

2021-2022 Legislative Session

Relates to requiring trauma-informed forensic examination training for medical professionals

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
Feb 24, 2021	referred to higher education

2021-S5138 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6508-a, Ed L; amd §2805-k, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S272

2021-S5138 (ACTIVE) - Summary

Requires trauma-informed forensic examination training for certain medical professionals on how to conduct a trauma-informed sexual assault forensic examination.

2021-S5138 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5138

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to requiring trauma-informed forensic examination training for certain
medical professionals

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill increases access to sexual assault forensic examinations for
survivors by requiring certain practitioners to partake in basic train-
ing in conducting these examinations, thus increasing the number of
practitioners available to conduct forensic examinations at any time.

 
SUMMARY OF PROVISIONS:

Adds section 6508-a to the education law to establish training in Trau-
ma-informed forensic examinations for medical professionals.

Section 1:

1) Lists medical professionals subject to the provision and establishes
the content and requirements for trauma-informed forensic examination
training.

2) Defines "acceptable formal continuing education".

3) Establishes reporting requirements by medical professionals.

4) Provides exemptions from trauma-informed sexual assault training

5) Establishes a fee of five dollars.

6) Allows the commissioner to promulgate such rules as required to
establish this program successfully, and guards against false reporting
from professionals.

Section 2 amends the Public Health law to add a new subdivision 5:

1) Establishes that hospitals and other healthcare facilities shall not
knowingly provide employment to individuals that have not completed the
necessary course work and training.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Despite the growing awareness of Sexual Assault Forensic Examiner (SAFE)
Programs, a report published by NBC News in January of 2021 highlighted
the dearth of resources available to survivors of sexual assault who
seek such services. In New York State, there are only 45 SAFE-designated
hospitals dispersed among 22 counties. Hospitals without a SAFE desig-
nation often lack the resources to treat and examine survivors who come
in, leading to long waits, incorrect collection and storage of evidence,
and survivors often being moved to different hospitals and generally
revictimized by the process.  This bill aims to increase access to
forensic examinations for sexual assault survivors by requiring medical
practioners who are most likely to come in contact with survivors, name-
ly those who work in emergency, obstetrics/gynecology, and/or pediatric
departments, to partake in basic trauma-informed forensic examination
training.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5138 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5138
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 trauma-informed forensic examination training for certain
   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 6508-a
 to read as follows:
   § 6508-A. COURSE WORK OR TRAINING ON TRAUMA-INFORMED FORENSIC EXAMINA-
 TIONS.  1.  EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT,  REGISTERED  NURSE,
 LICENSED  PRACTICAL  NURSE,  AND  NURSE  PRACTITIONER PRACTICING IN THIS
 STATE WHO PROVIDES DIRECT MEDICAL SERVICES TO PATIENTS IN THIS STATE AND
 WORKS IN AN EMERGENCY, OBSTETRICS/GYNECOLOGY, OR  PEDIATRICS  DEPARTMENT
 SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-TWO AND EVERY REGIS-
 TRATION  PERIOD  THEREAFTER,  COMPLETE COURSE WORK OR TRAINING REGARDING
 TRAUMA-INFORMED  FORENSIC  EXAMINATIONS  IN  THE  PROVISION  OF  MEDICAL
 SERVICES  IN  ACCORDANCE  WITH  REGULATED  STANDARDS  PROMULGATED BY THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. SUCH  TRAUMA-
 INFORMED  FORENSIC  EXAMINATIONS COURSE WORK OR TRAINING SHALL REQUIRE A
 MINIMUM THREE AND ONE-HALF HOURS OF COURSE WORK OR TRAINING ENCOMPASSING
 HOW TO CONDUCT A TRAUMA-INFORMED SEXUAL  ASSAULT  FORENSIC  EXAMINATION.
 BEST  PRACTICE WOULD BE TO COMPLETE THE ENTIRE FORTY-HOUR SEXUAL ASSAULT
 FORENSIC EXAMINATION (SAFE) COURSE CERTIFICATION. IN PROMULGATING  REGU-
 LATORY  STANDARDS  PURSUANT TO THIS SECTION THE DEPARTMENT IS ADVISED TO
 CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF  PROFESSIONS,  INSTITUTIONS
 AND  THOSE  WITH  EXPERTISE IN TRAUMA-INFORMED FORENSIC EXAMINATIONS AND
 DIRECT SERVICE PROVIDERS WORKING WITH SURVIVORS OF SEXUAL VIOLENCE.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09844-02-1

 S. 5138                             2
 
 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-TWO 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; OR (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.
   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 TWENTY-ONE OF SECTION SIXTY-FIVE
 HUNDRED THIRTY OF THIS TITLE AND SUBDIVISION 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
 EIGHT-A  OF  THE  EDUCATION LAW, AS APPLICABLE.   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 HOSPITAL OR FACILITY SHALL NOT KNOWINGLY GRANT OR RENEW
 PROFESSIONAL PRIVILEGES OR ASSOCIATION TO ANYONE  REQUIRED  TO  COMPLETE
 REQUIRED  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 NURSE PRACTI-
 TIONER 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
 EIGHT-A  OF  THE EDUCATION LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR
 OTHERWISE GRANT PRIVILEGES TO A PHYSICIAN ASSISTANT,  REGISTERED  NURSE,
 LICENSED  PRACTICAL  NURSE  OR  NURSE PRACTITIONER WHO HAS NOT COMPLETED
 SUCH COURSE WORK OR TRAINING.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.