Bill Text: NY A01434 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-18 - print number 1434a [A01434 Detail]

Download: New_York-2011-A01434-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1434
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced by M. of A. CRESPO -- 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 all
         medical professionals; to amend the public health law, in relation  to
         a  public health education program; and making an appropriation there-
         for
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 6505-d
    2  to read as follows:
    3    S  6505-D.  COURSE  WORK  OR TRAINING IN CULTURAL AWARENESS AND COMPE-
    4  TENCE. 1. EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT,  DENTIST,  REGISTERED
    5  NURSE,  LICENSED  PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST AND DENTAL
    6  HYGIENIST PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO
    7  THOUSAND  ELEVEN AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK OR
    8  TRAINING APPROPRIATE TO THE  PROFESSIONAL'S  PRACTICE  APPROVED  BY  THE
    9  DEPARTMENT  REGARDING  CULTURAL AWARENESS AND COMPETENCE IN THE NON-DIS-
   10  CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
   11  STANDARDS PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
   12  DEPARTMENT  OF  HEALTH. THE DEPARTMENT SHALL ALSO CONSULT WITH ORGANIZA-
   13  TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH  EXPER-
   14  TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
   15  STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
   16    2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
   17  OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
   18  TWO  THOUSAND  ELEVEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
   19  TRAINING IN ACCORDANCE WITH THIS  SECTION,  PROVIDED,  HOWEVER,  THAT  A
   20  PROFESSIONAL  SUBJECT  TO THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
   21  ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K  OF  THE  PUBLIC  HEALTH  LAW
   22  SHALL NOT BE REQUIRED TO SO DOCUMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02579-01-1
       A. 1434                             2
    1    3.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
    2  ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I)  CLEARLY  DEMONSTRATES
    3  TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
    4  HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
    5  HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
    6  TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
    7  TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
    8    S 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
    9  health law, as amended by chapter 477 of the laws of 2008, is amended to
   10  read as follows:
   11    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
   12  completed the course work or training as mandated by section two hundred
   13  thirty-nine of this chapter or section six thousand five hundred  five-b
   14  of  the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
   15  EDUCATION LAW.  A hospital or facility shall not grant or renew  profes-
   16  sional  privileges or association to a physician, dentist, or podiatrist
   17  who has not completed such course work or training.
   18    S 3. Section 206 of the public health law is amended by adding  a  new
   19  subdivision 28 to read as follows:
   20    28.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
   21  MENT A STATEWIDE, COMMUNITY-BASED PUBLIC  HEALTH  EDUCATION  PROGRAM  TO
   22  REDUCE  THE  ROOT  CAUSES  OF  DISPARITIES IN MINORITY HEALTH CARE. SUCH
   23  EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS,  PATIENTS
   24  AND  PATIENT  ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
   25  WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
   26  PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS  APPROPRIATED
   27  FOR SUCH HEALTH EDUCATION PROGRAM.
   28    S  4.  The  sum of one hundred thousand dollars ($100,000), or so much
   29  thereof as may be necessary, is hereby appropriated to the department of
   30  health out of any moneys in the state treasury in the  general  fund  to
   31  the  credit  of  the state purposes account, not otherwise appropriated,
   32  and made immediately available, for such purpose  of  carrying  out  the
   33  provisions of section three of this act. Such moneys shall be payable on
   34  the  audit  and  warrant  of  the  comptroller  on vouchers certified or
   35  approved by the commissioner of health, or his or  her  duly  designated
   36  representative  in the manner prescribed by law. No expenditure shall be
   37  made from this appropriation until a certificate of approval  of  avail-
   38  ability  shall  have been issued by the director of the budget and filed
   39  with the state comptroller and a copy filed with  the  chairman  of  the
   40  senate finance committee and the chairman of the assembly ways and means
   41  committee.  Such  certificate  may  be  amended from time to time by the
   42  director of the budget and a copy of each such amendment shall be  filed
   43  with the state comptroller, the chairman of the senate finance committee
   44  and the chairman of the assembly ways and means committee.
   45    S 5. This act shall take effect immediately.