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

                                  5185

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. TOWNS -- read once and referred 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-d
to read as follows:
  S 6505-D. 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
ELEVEN 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 ORIENTATION AND
GENDER IDENTITY HEALTHCARE ISSUES AND THEIR IMPACT ON  MINORITY  HEALTH-
CARE.  IN PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION THE
DEPARTMENT IS ADVISED TO CONSULT WITH  ORGANIZATIONS  REPRESENTATIVE  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
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
PROGRAMS MUST BE TAKEN FROM SPONSORS HAVING THE  FACILITIES,  EQUIPMENT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00165-01-1
              

A. 5185                             2

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 ELEVEN 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  SUBDIVISION  (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  INSURANCE;  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.
  S 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-D
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
WORK OR TRAINING AS MANDATED BY SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE
EDUCATION  LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR OTHERWISE GRANT

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PRIVILEGES TO A PHYSICIAN ASSISTANT, REGISTERED NURSE, LICENSED  PRACTI-
CAL  NURSE  OR  OPTOMETRIST  WHO  HAS  NOT COMPLETED SUCH COURSE WORK OR
TRAINING.
  S 3.  This act shall take effect immediately.