S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3414
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education  law,  in  relation  to  requiring  opioid
   training  for medical professionals to reduce patient opioid abuse and
   reliance
 
   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 TO ADDRESS PATIENT SUBSTANCE USE
 DISORDERS. 1.   EVERY REGISTERED NURSE, LICENSED  PRACTICAL  NURSE,  AND
 NURSE  PRACTITIONER  PRACTICING IN THE STATE WHO PROVIDES DIRECT MEDICAL
 SERVICES TO PATIENTS IN THIS STATE SHALL, ON OR BEFORE JULY  FIRST,  TWO
 THOUSAND  TWENTY-TWO  AND EVERY REGISTRATION PERIOD THEREAFTER, COMPLETE
 AT LEAST TWO HOURS OF COURSE WORK OR TRAINING  ON  WAYS  TO  PREVENT  OR
 ADDRESS  PATIENT  SUBSTANCE  USE  DISORDER  IN  THE PROVISION OF MEDICAL
 SERVICES IN ACCORDANCE  WITH  REGULATED  STANDARDS  PROMULGATED  BY  THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
 OF  ADDICTION  SERVICES  AND SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS
 NECESSARY ACCORDING TO BEST  PRACTICES  FOR  PROVIDING  PATIENT-CENTERED
 CARE  WITH  CONSIDERATION  GIVEN  TO  SOCIAL  DETERMINANTS OF HEALTH AND
 CO-OCCURRING DISORDERS. COURSE WORK OR TRAINING SHALL INCLUDE,  BUT  NOT
 BE  LIMITED  TO: TECHNIQUES FOR MANAGING PAIN; PREVENTION, SCREENING AND
 SIGNS OF SUBSTANCE USE DISORDERS; APPROPRIATE RESPONSES TO SUBSTANCE USE
 DISORDERS; TECHNIQUES THAT WILL REDUCE THE LIKELIHOOD  OF  OVERDOSE  AND
 THE  SPREAD  OF BLOOD-BORNE DISEASES BY THOSE WHO USE DRUGS; AND MEDICA-
 TIONS USED FOR THE TREATMENT OF SUBSTANCE USE DISORDERS. IN PROMULGATING
 REGULATORY STANDARDS PURSUANT TO THIS SECTION THE DEPARTMENT IS  ADVISED
 TO  CONSULT  WITH  ORGANIZATIONS  REPRESENTATIVE  OF PROFESSIONS, INSTI-
 TUTIONS AND THOSE WITH EXPERTISE IN HARM REDUCTION STRATEGIES AND IN THE
 TREATMENT OF SUBSTANCE USE DISORDERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00956-01-1

 A. 3414                             2
 
   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,
 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-TWO 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:
   A. 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;
   B.  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; OR
   C.  IS A MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY
 WITH THE ARMED FORCES OF THE UNITED STATES.
   5. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO  IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   6.  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.  Section  7607  of  the education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. EVERY PSYCHOLOGIST PRACTICING IN  THE  STATE  SHALL  COMPLETE  AT
 LEAST TWO HOURS OF COURSE WORK OR TRAINING, AS PART OF MANDATORY CONTIN-
 UING EDUCATION REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE USE
 DISORDER  IN  THE PROVISION OF PSYCHOLOGICAL SERVICES IN ACCORDANCE WITH
 REGULATED STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION  WITH
 THE  DEPARTMENT  OF  HEALTH  AND  THE  OFFICE  OF ADDICTION SERVICES AND
 SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS NECESSARY ACCORDING TO  BEST
 PRACTICES  FOR PROVIDING PATIENT-CENTERED CARE.  COURSE WORK OR TRAINING
 SHALL INCLUDE, BUT NOT  BE  LIMITED  TO:  PAIN  MANAGEMENT;  PREVENTION,
 SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS; APPROPRIATE RESPONSES TO
 SUBSTANCE  USE DISORDERS; AND HARM REDUCTION STRATEGIES. IN PROMULGATING
 REGULATORY STANDARDS PURSUANT TO THIS SECTION THE DEPARTMENT IS  ADVISED
 TO  CONSULT  WITH  ORGANIZATIONS  REPRESENTATIVE  OF PROFESSIONS, INSTI-
 TUTIONS AND THOSE WITH EXPERTISE IN HARM REDUCTION STRATEGIES AND IN THE
 TREATMENT OF SUBSTANCE USE DISORDERS.
   § 3. Section 7710 of the education law is  amended  by  adding  a  new
 subdivision 2-a to read as follows:
   2-A.  EVERY  LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
 WORKER PRACTICING IN THE STATE SHALL COMPLETE  AT  LEAST  TWO  HOURS  OF
 COURSE  WORK  OR  TRAINING,  AS  PART  OF MANDATORY CONTINUING EDUCATION
 REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE  USE  DISORDER  IN
 ACCORDANCE  WITH  REGULATED  STANDARDS PROMULGATED BY THE DEPARTMENT, IN
 CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE  OF  ADDICTION
 SERVICES  AND  SUPPORTS.  SUCH  TRAINING  SHALL  BE UPDATED AS NECESSARY

 A. 3414                             3
 
 ACCORDING TO BEST PRACTICES FOR PROVIDING PATIENT-CENTERED CARE.  COURSE
 WORK  OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN MANAGEMENT;
 PREVENTION, SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS;  APPROPRIATE
 RESPONSES  TO SUBSTANCE USE DISORDERS; AND HARM REDUCTION STRATEGIES. IN
 PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION  THE  DEPART-
 MENT   IS  ADVISED  TO  CONSULT  WITH  ORGANIZATIONS  REPRESENTATIVE  OF
 PROFESSIONS, INSTITUTIONS AND THOSE WITH  EXPERTISE  IN  HARM  REDUCTION
 STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
   §  4.  Section  8412  of  the education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. EVERY LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
 APIST, AND PSYCHOANALYST PRACTICING IN THE STATE SHALL COMPLETE AT LEAST
 TWO HOURS OF COURSE WORK OR TRAINING, AS PART  OF  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS,  ON  WAYS  TO  PREVENT OR ADDRESS SUBSTANCE USE
 DISORDER IN ACCORDANCE  WITH  REGULATED  STANDARDS  PROMULGATED  BY  THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
 OF  ADDICTION  SERVICES  AND SUPPORTS. SUCH TRAINING SHALL BE UPDATED AS
 NECESSARY ACCORDING TO BEST  PRACTICES  FOR  PROVIDING  PATIENT-CENTERED
 CARE. COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN
 MANAGEMENT;  PREVENTION, SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS;
 APPROPRIATE RESPONSES TO SUBSTANCE USE  DISORDERS;  AND  HARM  REDUCTION
 STRATEGIES.  IN  PROMULGATING  REGULATORY  STANDARDS  PURSUANT  TO  THIS
 SECTION THE DEPARTMENT IS ADVISED TO CONSULT WITH  ORGANIZATIONS  REPRE-
 SENTATIVE  OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN HARM
 REDUCTION STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
   § 5. Section 6742-a of the education law is amended by  adding  a  new
 subdivision 2-a to read as follows:
   2-A.  EVERY  LICENSED PHYSICAL THERAPIST AND CERTIFIED PHYSICAL THERA-
 PIST ASSISTANT PRACTICING IN THE STATE SHALL COMPLETE AT LEAST TWO HOURS
 OF COURSE WORK OR TRAINING, AS PART OF  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENTS,  ON  WAYS  TO PREVENT OR ADDRESS SUBSTANCE USE DISORDER IN
 ACCORDANCE WITH REGULATED STANDARDS PROMULGATED BY  THE  DEPARTMENT,  IN
 CONSULTATION  WITH  THE DEPARTMENT OF HEALTH AND THE OFFICE OF ADDICTION
 SERVICES AND SUPPORTS. SUCH  TRAINING  SHALL  BE  UPDATED  AS  NECESSARY
 ACCORDING  TO BEST PRACTICES FOR PROVIDING PATIENT-CENTERED CARE. COURSE
 WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN  MANAGEMENT,
 PREVENTION,  SCREENING AND SIGNS OF SUBSTANCE USE DISORDERS; APPROPRIATE
 RESPONSES TO SUBSTANCE USE DISORDERS; AND HARM REDUCTION STRATEGIES.  IN
 PROMULGATING  REGULATORY  STANDARDS PURSUANT TO THIS SECTION THE DEPART-
 MENT  IS  ADVISED  TO  CONSULT  WITH  ORGANIZATIONS  REPRESENTATIVE   OF
 PROFESSIONS,  INSTITUTIONS  AND  THOSE  WITH EXPERTISE IN HARM REDUCTION
 STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
   § 6. Section 7908 of the education law is  amended  by  adding  a  new
 subdivision 2-a to read as follows:
   (2-A)  EVERY  OCCUPATIONAL  THERAPIST  PRACTICING  IN  THE STATE SHALL
 COMPLETE AT LEAST TWO HOURS OF COURSE  WORK  OR  TRAINING,  AS  PART  OF
 MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS,  ON  WAYS  TO PREVENT OR
 ADDRESS SUBSTANCE USE DISORDER IN ACCORDANCE  WITH  REGULATED  STANDARDS
 PROMULGATED  BY  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
 HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. SUCH  TRAINING
 SHALL  BE UPDATED AS NECESSARY ACCORDING TO BEST PRACTICES FOR PROVIDING
 PATIENT-CENTERED CARE. COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT BE
 LIMITED TO:    PAIN  MANAGEMENT;  PREVENTION,  SCREENING  AND  SIGNS  OF
 SUBSTANCE  USE  DISORDERS; APPROPRIATE RESPONSES TO SUBSTANCE USE DISOR-
 DERS; AND HARM REDUCTION STRATEGIES. IN PROMULGATING  REGULATORY  STAND-
 ARDS  PURSUANT TO THIS SECTION THE DEPARTMENT IS ADVISED TO CONSULT WITH

 A. 3414                             4
 
 ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH
 EXPERTISE IN HARM REDUCTION STRATEGIES AND IN THE TREATMENT OF SUBSTANCE
 USE DISORDERS.
   §  7.   Section 6554-a of the education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. EVERY CHIROPRACTOR PRACTICING IN  THE  STATE  SHALL  COMPLETE  AT
 LEAST TWO HOURS OF COURSE WORK OR TRAINING, AS PART OF MANDATORY CONTIN-
 UING EDUCATION REQUIREMENTS, ON WAYS TO PREVENT OR ADDRESS SUBSTANCE USE
 DISORDER  IN  ACCORDANCE  WITH  REGULATED  STANDARDS  PROMULGATED BY THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
 OF ADDICTION SERVICES AND SUPPORTS. SUCH TRAINING SHALL  BE  UPDATED  AS
 NECESSARY  ACCORDING  TO  BEST  PRACTICES FOR PROVIDING PATIENT-CENTERED
 CARE. COURSE WORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO: PAIN
 MANAGEMENT; PREVENTION, SCREENING AND SIGNS OF SUBSTANCE USE  DISORDERS;
 APPROPRIATE  RESPONSES  TO  SUBSTANCE  USE DISORDERS; AND HARM REDUCTION
 STRATEGIES.  IN  PROMULGATING  REGULATORY  STANDARDS  PURSUANT  TO  THIS
 SECTION  THE  DEPARTMENT IS ADVISED TO CONSULT WITH ORGANIZATIONS REPRE-
 SENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN  HARM
 REDUCTION STRATEGIES AND IN THE TREATMENT OF SUBSTANCE USE DISORDERS.
   §  8.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, section two of this
 act shall take effect on the same date and in the same manner as chapter
 436 of the laws of 2018, takes effect.