S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10380--A
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE AND
 EVERY FOUR YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAINING, APPROPRI-
 ATE 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 ORIEN-
 TATION 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, AND WORKING
 WITH  ALLIED  HEALTH  PROFESSIONALS AND TRAINED PEER HEALTH EDUCATORS TO
 FACILITATE TESTING UPON CONSENT. THE TRAININGS  SHALL  BE  CONDUCTED  IN
 ACCORDANCE  WITH  REGULATORY  STANDARDS PROMULGATED BY THE DEPARTMENT IN
 CONSULTATION WITH THE DEPARTMENT OF EDUCATION, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15873-02-0

 A. 10380--A                         2
 
 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 HIM OR HER TO COMPLETE SUCH
 COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE  OR
 (II)  THAT HE OR SHE 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  INDIVIDUAL
 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,  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,  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 COMMU-
 NITIES; (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 IMPORTANCE OF WORKING  WITH  ALLIED
 HEALTH  CARE  PROFESSIONALS  AND STAFF, INCLUDING NURSES, PATIENT AIDES,
 AND PEER HEALTH EDUCATORS, IN IMPLEMENTING BEST PRACTICES IN TESTING AND
 ADVISING.
   § 2. The education law is amended by adding a new  section  6505-d  to
 read as follows:
   §  6505-D.  COURSE  WORK  OR TRAINING IN HIV TESTING PRACTICES.  EVERY
 REGISTERED NURSE AND LICENSED PRACTICAL NURSE PRACTICING  IN  THE  STATE
 SHALL,  ON  OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE 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 JULY FIRST, TWO THOUSAND  TWENTY-ONE,  THAT  SUCH  PROFES-
 SIONAL HAS COMPLETED THE COURSE WORK OR TRAINING IN ACCORDANCE WITH THIS
 SECTION,   PROVIDED,   HOWEVER,  THAT  A  PROFESSIONAL  SUBJECT  TO  THE
 PROVISIONS OF 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 SATISFAC-
 TION 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 OR (II)
 THAT HE OR SHE HAS COMPLETED COURSE  WORK  OR  TRAINING  DEEMED  BY  THE
 DEPARTMENT TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING

 A. 10380--A                         3
 
 APPROVED  BY  THE  DEPARTMENT  PURSUANT  TO THIS SECTION. THE DEPARTMENT
 SHALL CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF  PROFESSIONS,  INSTI-
 TUTIONS,  PERSONS LIVING WITH HIV, 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.