The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    259
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SERRANO, BAILEY, HOYLMAN, JACKSON, KENNEDY, KRUEGER,
   MAY,  RIVERA -- 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 cultural awareness and competence  training  for  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 6505-e
 to read as follows:
   § 6505-E. COURSE WORK OR TRAINING IN  CULTURAL  AWARENESS  AND  COMPE-
 TENCE.  1.  EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT, DENTIST, REGISTERED
 NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST AND NURSE PRAC-
 TITIONER PRACTICING IN THE STATE WHO PROVIDES DIRECT MEDICAL SERVICES TO
 PATIENTS IN THIS STATE SHALL, ON OR  BEFORE  JULY  FIRST,  TWO  THOUSAND
 TWENTY-FOUR  AND  EVERY  REGISTRATION PERIOD THEREAFTER, COMPLETE COURSE
 WORK OR TRAINING REGARDING CULTURAL  AWARENESS  AND  COMPETENCE  IN  THE
 PROVISION  OF  MEDICAL  SERVICES IN ACCORDANCE WITH  REGULATED STANDARDS
 PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF
 HEALTH.  SUCH  CULTURAL AWARENESS AND COMPETENCE COURSE WORK OR TRAINING
 SHALL REQUIRE TWO HOURS OF COURSE WORK OR TRAINING ENCOMPASSING MINORITY
 HEALTHCARE ISSUES INCLUDING ETHNIC, RELIGIOUS, LINGUISTIC, SEXUAL ORIEN-
 TATION AND GENDER IDENTITY HEALTHCARE ISSUES AND THEIR IMPACT ON MINORI-
 TY HEALTHCARE. 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
 CULTURAL AWARENESS AND COMPETENCE.
   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.

                                                            LBD01194-01-3
 S. 259                              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-FOUR 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; (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; (III) HAS COMPLETED
 COURSE  WORK OR TRAINING PERTAINING TO CULTURAL AWARENESS AND COMPETENCE
 WHICH HAS BEEN INCORPORATED AS PART OF A RISK MANAGEMENT COURSE  OFFERED
 PURSUANT  TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-
 THREE OF THE INSURANCE LAW, PROVIDED THAT SUCH EDUCATIONAL  CONTENT  HAS
 BEEN  APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES; OR (IV) IS A
 MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY  WITH  THE
 ARMED FORCES OF THE UNITED STATES.
   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 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.  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 FIVE-E
 OF  THE  EDUCATION LAW.  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 HOSPI-
 TAL  OR  FACILITY SHALL NOT KNOWINGLY GRANT OR RENEW PROFESSIONAL PRIVI-
 LEGES OR ASSOCIATION TO ANYONE  REQUIRED  TO  COMPLETE  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 OPTOMETRIST OR
 A HOSPITAL OR FACILITY APPROVED PURSUANT TO THIS ARTICLE  SHALL  REQUEST
 FROM  SUCH  PERSON DOCUMENTATION THAT HE OR SHE HAS COMPLETED THE COURSE
 S. 259                              3

 WORK OR TRAINING AS MANDATED BY SECTION SIXTY-FIVE HUNDRED FIVE-E OF THE
 EDUCATION LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR OTHERWISE  GRANT
 PRIVILEGES  TO A PHYSICIAN ASSISTANT, REGISTERED NURSE, LICENSED PRACTI-
 CAL  NURSE  OR  OPTOMETRIST  WHO  HAS  NOT COMPLETED SUCH COURSE WORK OR
 TRAINING.
   § 3.  This act shall take effect immediately.