S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5426
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to  requiring  diversity,
   inclusion and elimination of bias training for certain medical person-
   nel as part of continuing medical education requirements

   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 6524-a
 to read as follows:
   § 6524-A. MANDATORY  DIVERSITY,  INCLUSION  AND  ELIMINATION  OF  BIAS
 TRAINING.  1. ALL PHYSICIANS, IN ORDER TO MAINTAIN THEIR LICENSE IN GOOD
 STANDING, SHALL COMPLETE BIENNIAL DIVERSITY, INCLUSION  AND  ELIMINATION
 OF BIAS TRAINING.
   2. SUCH TRAINING COURSES SHALL BE TAUGHT BY INDIVIDUALS WHO ARE:
   A.  REPRESENTATIVE  OF THE DIVERSITY OF PERSONS SERVED BY THE NEW YORK
 HEALTH CARE SYSTEM; AND
   B. ACADEMICALLY TRAINED IN DIVERSITY, INCLUSION AND THE ELIMINATION OF
 BIAS OR POSSESS PRIOR EXPERIENCE EDUCATING MEDICAL  PROFESSIONALS  ABOUT
 DIVERSITY, INCLUSION AND THE ELIMINATION OF BIAS.
   3.  SUCH  TRAINING  COURSES  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   A. INFORMATION ON IMPLICIT AND EXPLICIT BIAS, EQUAL ACCESS TO  MEDICAL
 CARE, SERVING A DIVERSE POPULATION, DIVERSITY AND INCLUSION INITIATIVES,
 AND  SENSITIVITY TO CULTURAL AND OTHER DIFFERENCES WHEN INTERACTING WITH
 MEMBERS OF THE PUBLIC OR OTHER MEDICAL PERSONNEL;
   B. ACTIONABLE STEPS  MEDICAL  PERSONNEL  CAN  TAKE  TO  RECOGNIZE  AND
 ADDRESS THEIR OWN IMPLICIT BIASES;
   C.  A DISCUSSION OF THE HISTORICAL REASONS FOR, AND THE PRESENT CONSE-
 QUENCES OF, THE IMPLICIT BIASES PEOPLE HOLD BASED ON THE CHARACTERISTICS
 OF ANOTHER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05836-01-1
              

 A. 5426                             2
 
   D. EXAMPLES OF HOW IMPLICIT BIAS AFFECTS THE  PERCEPTIONS,  JUDGMENTS,
 AND  ACTIONS  OF  PHYSICIANS  AND  OTHER MEDICAL PERSONNEL AND HOW THOSE
 PERCEPTIONS, JUDGMENTS, AND ACTIONS RESULT IN  UNACCEPTABLE  DISPARITIES
 IN ACCESS TO MEDICAL CARE;
   E. THE ADMINISTRATION OF IMPLICIT ASSOCIATION TESTS TO INCREASE AWARE-
 NESS OF ONE'S UNCONSCIOUS BIASES; AND
   F.  STRATEGIES TO ADDRESS HOW UNINTENDED BIASES IN DECISION MAKING MAY
 CONTRIBUTE TO HEALTH CARE DISPARITIES BY SHAPING BEHAVIOR AND  PRODUCING
 DIFFERENCES  IN MEDICAL TREATMENT ALONG LINES OF RACE, ETHNICITY, GENDER
 IDENTITY, SEXUAL ORIENTATION, AGE, SOCIOECONOMIC STATUS, OR OTHER  CHAR-
 ACTERISTICS.
   4.  BEGINNING  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL
 PHYSICIANS LICENSED UNDER THIS  ARTICLE  SHALL  COMPLETE  TWO  HOURS  OF
 TRAINING BIENNIALLY.
   §  2.  The  education law is amended by adding a new section 6541-a to
 read as follows:
   § 6541-A. MANDATORY  DIVERSITY,  INCLUSION  AND  ELIMINATION  OF  BIAS
 TRAINING.  1.  ALL  PHYSICIAN  ASSISTANTS,  IN  ORDER  TO MAINTAIN THEIR
 LICENSE IN GOOD STANDING, SHALL COMPLETE BIENNIAL  DIVERSITY,  INCLUSION
 AND ELIMINATION OF BIAS TRAINING.
   2. SUCH TRAINING COURSES SHALL BE TAUGHT BY INDIVIDUALS WHO ARE:
   A.  REPRESENTATIVE  OF THE DIVERSITY OF PERSONS SERVED BY THE NEW YORK
 HEALTH CARE SYSTEM; AND
   B. ACADEMICALLY TRAINED IN DIVERSITY, INCLUSION AND THE ELIMINATION OF
 BIAS OR POSSESS PRIOR EXPERIENCE EDUCATING MEDICAL  PROFESSIONALS  ABOUT
 DIVERSITY, INCLUSION AND THE ELIMINATION OF BIAS.
   3.  SUCH  TRAINING  COURSES  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   A. INFORMATION ON IMPLICIT AND EXPLICIT BIAS, EQUAL ACCESS TO  MEDICAL
 CARE, SERVING A DIVERSE POPULATION, DIVERSITY AND INCLUSION INITIATIVES,
 AND  SENSITIVITY TO CULTURAL AND OTHER DIFFERENCES WHEN INTERACTING WITH
 MEMBERS OF THE PUBLIC OR OTHER MEDICAL PERSONNEL;
   B. ACTIONABLE STEPS  MEDICAL  PERSONNEL  CAN  TAKE  TO  RECOGNIZE  AND
 ADDRESS THEIR OWN IMPLICIT BIASES;
   C.  A DISCUSSION OF THE HISTORICAL REASONS FOR, AND THE PRESENT CONSE-
 QUENCES OF, THE IMPLICIT BIASES PEOPLE HOLD BASED ON THE CHARACTERISTICS
 OF ANOTHER;
   D. EXAMPLES OF HOW IMPLICIT BIAS AFFECTS THE  PERCEPTIONS,  JUDGMENTS,
 AND  ACTIONS OF PHYSICIAN ASSISTANTS AND OTHER MEDICAL PERSONNEL AND HOW
 THOSE PERCEPTIONS, JUDGMENTS, AND ACTIONS RESULT IN UNACCEPTABLE DISPAR-
 ITIES IN ACCESS TO MEDICAL CARE;
   E. THE ADMINISTRATION OF IMPLICIT ASSOCIATION TESTS TO INCREASE AWARE-
 NESS OF ONE'S UNCONSCIOUS BIASES; AND
   F. STRATEGIES TO ADDRESS HOW UNINTENDED BIASES IN DECISION MAKING  MAY
 CONTRIBUTE  TO HEALTH CARE DISPARITIES BY SHAPING BEHAVIOR AND PRODUCING
 DIFFERENCES IN MEDICAL TREATMENT ALONG LINES OF RACE, ETHNICITY,  GENDER
 IDENTITY,  SEXUAL ORIENTATION, AGE, SOCIOECONOMIC STATUS, OR OTHER CHAR-
 ACTERISTICS.
   4. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF  THIS  SECTION,  ALL
 PHYSICIAN  ASSISTANTS  LICENSED  UNDER  THIS  ARTICLE SHALL COMPLETE TWO
 HOURS OF TRAINING BIENNIALLY.
   § 3. The education law is amended by adding a new  section  6905-a  to
 read as follows:
   §  6905-A.  MANDATORY  DIVERSITY,  INCLUSION  AND  ELIMINATION OF BIAS
 TRAINING. 1. ALL NURSES, IN ORDER TO  MAINTAIN  THEIR  LICENSE  IN  GOOD

 A. 5426                             3
 
 STANDING,  SHALL  COMPLETE BIENNIAL DIVERSITY, INCLUSION AND ELIMINATION
 OF BIAS TRAINING.
   2. SUCH TRAINING COURSES SHALL BE TAUGHT BY INDIVIDUALS WHO ARE:
   A.  REPRESENTATIVE  OF THE DIVERSITY OF PERSONS SERVED BY THE NEW YORK
 HEALTH CARE SYSTEM; AND
   B. ACADEMICALLY TRAINED IN DIVERSITY, INCLUSION AND THE ELIMINATION OF
 BIAS OR POSSESS PRIOR EXPERIENCE EDUCATING MEDICAL  PROFESSIONALS  ABOUT
 DIVERSITY, INCLUSION AND THE ELIMINATION OF BIAS.
   3.  SUCH  TRAINING  COURSES  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   A. INFORMATION ON IMPLICIT AND EXPLICIT BIAS, EQUAL ACCESS TO  MEDICAL
 CARE, SERVING A DIVERSE POPULATION, DIVERSITY AND INCLUSION INITIATIVES,
 AND  SENSITIVITY TO CULTURAL AND OTHER DIFFERENCES WHEN INTERACTING WITH
 MEMBERS OF THE PUBLIC OR OTHER MEDICAL PERSONNEL;
   B. ACTIONABLE STEPS  MEDICAL  PERSONNEL  CAN  TAKE  TO  RECOGNIZE  AND
 ADDRESS THEIR OWN IMPLICIT BIASES;
   C.  A DISCUSSION OF THE HISTORICAL REASONS FOR, AND THE PRESENT CONSE-
 QUENCES OF, THE IMPLICIT BIASES PEOPLE HOLD BASED ON THE CHARACTERISTICS
 OF ANOTHER;
   D. EXAMPLES OF HOW IMPLICIT BIAS AFFECTS THE  PERCEPTIONS,  JUDGMENTS,
 AND  ACTIONS OF NURSES AND OTHER MEDICAL PERSONNEL AND HOW THOSE PERCEP-
 TIONS, JUDGMENTS, AND ACTIONS  RESULT  IN  UNACCEPTABLE  DISPARITIES  IN
 ACCESS TO MEDICAL CARE;
   E. THE ADMINISTRATION OF IMPLICIT ASSOCIATION TESTS TO INCREASE AWARE-
 NESS OF ONE'S UNCONSCIOUS BIASES; AND
   F.  STRATEGIES TO ADDRESS HOW UNINTENDED BIASES IN DECISION MAKING MAY
 CONTRIBUTE TO HEALTH CARE DISPARITIES BY SHAPING BEHAVIOR AND  PRODUCING
 DIFFERENCES  IN MEDICAL TREATMENT ALONG LINES OF RACE, ETHNICITY, GENDER
 IDENTITY, SEXUAL ORIENTATION, AGE, SOCIOECONOMIC STATUS, OR OTHER  CHAR-
 ACTERISTICS.
   4.  BEGINNING  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL
 NURSES LICENSED UNDER THIS ARTICLE SHALL COMPLETE TWO HOURS OF  TRAINING
 BIENNIALLY.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.