S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   981

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the education  law,  in  relation  to  imposing  certain
  education  requirements  upon physicians as a condition for renewal of
  their professional  license;  to  amend  the  public  health  law,  in
  relation  to directing the commissioner of health to develop and offer
  a course in medical risk management as part of such  requirement;  and
  making an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6524 of the education law is amended  by  adding  a
new subdivision 2-a to read as follows:
  (2-A)  RISK  MANAGEMENT  AND  CONTINUING  EDUCATION:  (A) ON AND AFTER
NOVEMBER FIRST, TWO  THOUSAND  NINE,  EVERY  RENEWAL  OF  A  PHYSICIAN'S
LICENSE  SHALL BE CONDITIONED UPON THE LICENSEE OBTAINING AND SUBMITTING
TO THE BOARD PROOF  THAT,  WITHIN  THE  THREE  YEAR  PERIOD  IMMEDIATELY
PRECEDING  SUCH  RENEWAL PERIOD, HE OR SHE HAS ATTENDED AND SUCCESSFULLY
COMPLETED A COURSE OR COURSES OF CONTINUING  EDUCATION  IN  PROFESSIONAL
MEDICAL  COMPETENCY  APPROVED  BY  THE  BOARD  AS TO METHOD, CONTENT AND
SUPERVISION. SUCH COURSE OR COURSES SHALL  CONSIST  OF  AT  LEAST  SIXTY
HOURS  OF  CLASSROOM INSTRUCTION, FIVE HOURS OF WHICH SHALL BE DEDICATED
TO MEDICAL RISK MANAGEMENT AS DEVELOPED  BY  THE  DEPARTMENT  OF  HEALTH
PURSUANT  TO  SUBDIVISION  TWENTY-SIX  OF SECTION TWO HUNDRED SIX OF THE
PUBLIC HEALTH LAW. IN ESTABLISHING THE REQUIREMENTS FOR  THE  CONTINUING
EDUCATION COURSE OR COURSES, OTHER THAN FOR MEDICAL RISK MANAGEMENT, THE
BOARD  SHALL CONSIDER AND MAY PERMIT EQUIVALENT NATIONAL OR STATE EDUCA-
TIONAL COURSES OF INSTRUCTION INCLUDING BUT NOT LIMITED TO THOSE OFFERED
BY A MEDICAL SOCIETY, MEDICAL  SPECIALTY  BOARD  OR  THE  DEPARTMENT  OF
HEALTH.    EACH  COURSE  SHALL,  HOWEVER, BE PRESENTED IN AN APPROPRIATE
CLASSROOM SETTING, HAVE AN ESTABLISHED CURRICULUM AND PROPERLY  PREPARED
WRITTEN  MATERIALS  OF  THE SUBJECT MATTER WHICH SHALL BE DISTRIBUTED AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06303-02-9
              

S. 981                              2

PART OF THE COURSE AND BE TAUGHT BY A QUALIFIED FACULTY. CREDIT SHALL BE
AWARDED ON THE BASIS OF ONE  HOUR  FOR  EACH  SIXTY  MINUTES  OF  ACTUAL
ATTENDANCE AND RECORDS SHALL BE MAINTAINED OF ATTENDANCE AT EACH SESSION
WHICH SHALL BE TRANSMITTED TO THE BOARD AT THE CONCLUSION OF THE COURSE;
  (B)  ON AND AFTER NOVEMBER FIRST, TWO THOUSAND NINE NO PHYSICIAN SHALL
BE INITIALLY LICENSED UNLESS HE OR  SHE  HAS  SUCCESSFULLY  COMPLETED  A
COURSE  IN MEDICAL RISK MANAGEMENT, EITHER AS PART OF HIS OR HER MEDICAL
SCHOOL EDUCATION OR AS DEVELOPED BY THE DEPARTMENT OF HEALTH PURSUANT TO
SUBDIVISION TWENTY-SIX OF SECTION TWO HUNDRED SIX OF THE  PUBLIC  HEALTH
LAW;
  S  2.  Section 206 of the public health law is amended by adding a new
subdivision 26 to read as follows:
  26. THE COMMISSIONER, WITH THE COOPERATION  OF  THE  STATE  BOARD  FOR
MEDICINE  SHALL  DEVELOP A COURSE OF INSTRUCTION IN MEDICAL RISK MANAGE-
MENT TO BE PROVIDED TO STUDENTS IN MEDICAL SCHOOL AND TO  PHYSICIANS  AS
PART  OF LICENSING REQUIREMENTS PURSUANT TO SUBDIVISION TWO-A OF SECTION
SIXTY-FIVE HUNDRED TWENTY-FOUR OF THE EDUCATION LAW.
  S 3. The sum of one hundred thousand dollars ($100,000),  or  so  much
thereof as may be necessary, is hereby appropriated to the department of
health  from any moneys in the state treasury in the general fund to the
credit of the state purposes  account  not  otherwise  appropriated  for
services  and  expenses  of the department of health for the purposes of
carrying out the provisions of this act. Such sum shall  be  payable  on
the  audit and warrant of the state comptroller on vouchers certified or
approved by the commissioner of health, or his or  her  duly  designated
representative  in  the  manner provided by law. No expenditure shall be
made from this appropriation until a certificate of approval  of  avail-
ability  shall  have been issued by the director of the budget and filed
with the state comptroller and a copy filed with the chairperson of  the
senate  finance  committee  and the chairperson of the assembly ways and
means committee.  Such certificate may be amended from time to  time  by
the  director  of  the budget and a copy of each such amendment shall be
filed with the state comptroller, the chairperson of the senate  finance
committee and the chairperson of the assembly ways and means committee.
  S 4. This act shall take effect immediately.