Assembly Bill A725

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    725
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL, GALLAGHER, SIMON, GONZALEZ-ROJAS,
   JACKSON, BURDICK, FORREST, SEAWRIGHT, CLARK, LUNSFORD,  RAGA  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02264-01-5
              

 A. 725                              2
 
 CONDUCTED  BY  MEDICAL SCHOOLS, MEDICAL RESIDENCY PROGRAMS AND PHYSICIAN
 ASSISTANT PROGRAMS.
   (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 SUCH PERSON TO COMPLETE SUCH
 COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF SUCH PERSON'S  PRACTICE
 OR (II) THAT SUCH PERSON 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  INDI-
 VIDUAL  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-THREE,  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-f  to
 read as follows:
   §  6505-F.  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
 A. 725                              3
 
 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.
 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  SUCH  PERSON TO COMPLETE SUCH COURSE WORK OR TRAINING
 BECAUSE OF THE NATURE OF SUCH PERSON'S PRACTICE OR (II) THAT SUCH PERSON
 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. 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.