S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2886
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. RODRIGUEZ, ARROYO -- Multi-Sponsored by -- M. of
   A. COOK, SIMON -- 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:
   §  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
 TWENTY 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03615-01-9

 A. 2886                             2
 
 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 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-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

 A. 2886                             3

 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.