S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    831
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT relating to the  availability  of  training  for  state  approved
   education  or  training  programs  required  for certification of home
   health aides, personal care aides, and certified nurse aides

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1  of  a chapter of the laws of 2022 relating to
 requiring home health aides and nurse's aides  to  receive  training  in
 working  with patients of diverse sexual orientations and gender identi-
 ties or expressions, as proposed in legislative bills numbers S.  2534-A
 and A.  1880-A, is amended to read as follows:
   Section  1.  The  commissioner  of  health,  in  consultation with the
 commissioner of education,  shall  [develop  a  training  program  unit]
 REQUIRE TRAINING which focuses on working with patients of diverse sexu-
 al  orientations  and  gender  identities or expressions, as part of the
 state approved education or training programs required for certification
 of home health aides, personal care aides, [personal  care  staff,]  and
 certified [nurse's] NURSE aides.
   §  2. Section 2 of a chapter of the laws of 2022 relating to requiring
 home health aides and nurse's aides to receive training in working  with
 patients  of  diverse  sexual  orientations  and  gender  identities  or
 expressions, as proposed in legislative bills numbers S. 2534-A  and  A.
 1880-A, is amended to read as follows:
   §  2.  The training [program unit] required by this act should include
 the following components and information:
   (a) an explanation of the terms lesbian, gay, bisexual,  queer,  ques-
 tioning, intersex, asexual, gender non-conforming and non-binary;
   (b)  an understanding of why patients with diverse sexual orientations
 and gender identities or expressions may hide their identities;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04027-01-3
 S. 831                              2
              

 
   (c) incorporate concerns of patients with diverse sexual  orientations
 and  gender identities or expressions into person-directed care, so that
 each individual can make the best decisions for their own situation;
   (d) specific information designed for staff working in nursing care or
 other residential care settings;
   (e)  unique  needs  of  patients  with diverse sexual orientations and
 gender identities or expressions, including older adults;
   (f) an overview of the various rights  and  protections  for  patients
 with diverse sexual orientations and gender identities or expressions;
   (g) best practices for creating communities welcoming to patients with
 diverse sexual orientations and gender identities or expressions includ-
 ing older adults, their loved ones, and their caregivers;
   (h)  practical tips from experts about how to ask questions related to
 sexual orientation and gender identity or expression and understand  why
 these questions are important for all service organizations;
   (i)  teach  the  nuances  of asking questions related to sexual orien-
 tation and gender identity or expression, including older adults;
   (j) how to respectfully respond to questions and concerns  that  arise
 in  conversations  relating to sexual orientation and gender identity or
 expression; and
   (k) best practices for  providing  affirming  care  to  patients  with
 diverse sexual orientations and gender identities or expressions.
   §  3. Section 3 of a chapter of the laws of 2022 relating to requiring
 home health aides and nurse's aides to receive training in working  with
 patients  of  diverse  sexual  orientations  and  gender  identities  or
 expressions, as proposed in legislative bills numbers S. 2534-A  and  A.
 1880-A, is amended to read as follows:
   §  3.  The  training  [unit] required by this act shall be [developed]
 AVAILABLE within [six] TWELVE months of the effective date of  this  act
 and  shall  be  required for all certifications and re-certifications of
 home health aides, personal  care  aides,  [personal  care  staff,]  and
 certified  [nurse's]  NURSE  aides issued on and after such [six] TWELVE
 month date.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the  laws of 2022 relating to requiring home
 health aides and nurse's aides  to  receive  training  in  working  with
 patients  of  diverse  sexual  orientations  and  gender  identities  or
 expressions, as proposed in legislative bills numbers S. 2534-A  and  A.
 1880-A, takes effect.