S T A T E O F N E W Y O R K
________________________________________________________________________
282
2023-2024 Regular Sessions
I N A S S E M B L Y
January 4, 2023
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Introduced by M. of A. L. ROSENTHAL, GALLAGHER, SIMON, GONZALEZ-ROJAS,
JACKSON, BURDICK, SILLITTI, FORREST, SEAWRIGHT, CLARK, FAHY, LUNSFORD
-- 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.
LBD01344-01-3
A. 282 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-e to
read as follows:
§ 6505-E. 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. 282 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.