S T A T E O F N E W Y O R K
________________________________________________________________________
831
2023-2024 Regular Sessions
I N S E N A T E
January 6, 2023
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT relating to the availability of training for state approved
education or training programs required for certification of home
health aides, personal care aides, and certified nurse aides
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of a chapter of the laws of 2022 relating to
requiring home health aides and nurse's aides to receive training in
working with patients of diverse sexual orientations and gender identi-
ties or expressions, as proposed in legislative bills numbers S. 2534-A
and A. 1880-A, is amended to read as follows:
Section 1. The commissioner of health, in consultation with the
commissioner of education, shall [develop a training program unit]
REQUIRE TRAINING which focuses on working with patients of diverse sexu-
al orientations and gender identities or expressions, as part of the
state approved education or training programs required for certification
of home health aides, personal care aides, [personal care staff,] and
certified [nurse's] NURSE aides.
§ 2. Section 2 of a chapter of the laws of 2022 relating to requiring
home health aides and nurse's aides to receive training in working with
patients of diverse sexual orientations and gender identities or
expressions, as proposed in legislative bills numbers S. 2534-A and A.
1880-A, is amended to read as follows:
§ 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04027-01-3
S. 831 2
(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;
(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. Section 3 of a chapter of the laws of 2022 relating to requiring
home health aides and nurse's aides to receive training in working with
patients of diverse sexual orientations and gender identities or
expressions, as proposed in legislative bills numbers S. 2534-A and A.
1880-A, is amended to read as follows:
§ 3. The training [unit] required by this act shall be [developed]
AVAILABLE within [six] TWELVE 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] NURSE aides issued on and after such [six] TWELVE
month date.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 relating to requiring home
health aides and nurse's aides to receive training in working with
patients of diverse sexual orientations and gender identities or
expressions, as proposed in legislative bills numbers S. 2534-A and A.
1880-A, takes effect.
