S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1880--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, OTIS, EPSTEIN, BURDICK, GLICK -- read
   once and referred to the Committee on Health  --  recommitted  to  the
   Committee  on  Health  in  accordance  with Assembly Rule 3, sec. 2 --
   reported and referred to the Committee on Ways and Means --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  relating  to  requiring  home health aides and nurse's aides to
   receive training in working with patients  of  diverse  sexual  orien-
   tations and gender identities or expressions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The  commissioner  of  health,  in  consultation  with  the
 commissioner  of  education, shall develop a training program unit which
 focuses on working with patients  of  diverse  sexual  orientations  and
 gender  identities  or expressions, as part of the state approved educa-
 tion or training programs required  for  certification  of  home  health
 aides,  personal  care aides, personal care staff, and certified nurse's
 aides.
   § 2. The training program unit required by this act should include the
 following components and information:
   (a) an explanation of the terms lesbian, gay, bisexual,  queer,  ques-
 tioning, intersex, asexual, gender non-conforming and non-binary;
   (b)  an understanding of why patients with diverse sexual orientations
 and gender identities or expressions may hide their identities;
   (c) incorporate concerns of patients with diverse sexual  orientations
 and  gender identities or expressions into person-directed care, so that
 each individual can make the best decisions for their own situation;
   (d) specific information designed for staff working in nursing care or
 other residential care settings;
   (e) unique needs of patients  with  diverse  sexual  orientations  and
 gender identities or expressions, including older adults;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05729-02-2
              

 A. 1880--A                          2
 
   (f)  an  overview  of  the various rights and protections for patients
 with diverse sexual orientations and gender identities or expressions;
   (g) best practices for creating communities welcoming to patients with
 diverse sexual orientations and gender identities or expressions includ-
 ing older adults, their loved ones, and their caregivers;
   (h)  practical tips from experts about how to ask questions related to
 sexual orientation and gender identity or expression and understand  why
 these questions are important for all service organizations;
   (i)  teach  the  nuances  of asking questions related to sexual orien-
 tation and gender identity or expression, including older adults;
   (j) how to respectfully respond to questions and concerns  that  arise
 in  conversations  relating to sexual orientation and gender identity or
 expression; and
   (k) best practices for  providing  affirming  care  to  patients  with
 diverse sexual orientations and gender identities or expressions.
   §  3. The training unit required by this act shall be developed within
 six months of the effective date of this act and shall be  required  for
 all  certifications and re-certifications of home health aides, personal
 care aides, personal care staff, and certified nurse's aides  issued  on
 and after such six month date.
   § 4. This act shall take effect immediately.