Bill Text: NY A03360 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to certain mandatory medical education requirements; requires mandatory coursework or training relating to prescription pain medication and opiate-dependent patients.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to higher education [A03360 Detail]
Download: New_York-2013-A03360-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3360 2013-2014 Regular Sessions I N A S S E M B L Y January 25, 2013 ___________ Introduced by M. of A. CUSICK -- 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 certain mandatory medical education 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 6529-a 2 to read as follows: 3 S 6529-A. MANDATORY CONTINUING EDUCATION FOR PHYSICIANS. 1.(A) EACH 4 PHYSICIAN, LICENSED PURSUANT TO THIS ARTICLE, REQUIRED TO REGISTER BIEN- 5 NIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL COMPLY WITH 6 THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS, 7 EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. 8 PHYSICIANS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION 9 REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS 10 AND HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGISTRATION CERTIF- 11 ICATE. 12 (B) PHYSICIANS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION 13 REQUIREMENT FOR THE BIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE 14 FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUST- 15 MENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED 16 BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSICIAN, FOR 17 EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR 18 OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI- 19 ANCE. 20 (C) A LICENSED PHYSICIAN NOT ENGAGED IN PUBLIC PRACTICE AS AN INDIVID- 21 UAL PRACTITIONER, A PARTNER OF A PARTNERSHIP, A SHAREHOLDER OF A PROFES- 22 SIONAL SERVICE CORPORATION, OR AN EMPLOYEE OF SUCH PRACTICE UNITS, SHALL 23 BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE 24 FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY 25 LICENSEE WHO RETURNS TO THE PUBLIC PRACTICE OF MEDICINE DURING THE BIEN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06414-01-3 A. 3360 2 1 NIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING 2 THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING EDUCATION 3 REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF THE COMMISSIONER. 4 2. DURING EACH BIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGISTRA- 5 TION SHALL COMPLETE A MINIMUM OF FIFTY HOURS OF ACCEPTABLE FORMAL 6 CONTINUING EDUCATION, A MAXIMUM OF EIGHTEEN HOURS OF WHICH MAY BE SELF- 7 INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. COMPLETION OF 8 COURSEWORK OR TRAINING REQUIRED BY SECTIONS SIXTY-FIVE HUNDRED FIVE-B, 9 SIXTY-FIVE HUNDRED FIVE-D, OR PARAGRAPH A OF SUBDIVISION THREE OF 10 SECTION SIXTY-FIVE HUNDRED SEVEN OF THIS CHAPTER SHALL BE APPLIED TO 11 SATISFACTION OF THE REQUIRED FIFTY HOURS OF ACCEPTABLE FORMAL CONTINUING 12 EDUCATION IN THE BIENNIAL PERIOD IN WHICH SUCH COURSEWORK OR TRAINING IS 13 COMPLETED, PROVIDED THAT WRITTEN PROOF SATISFACTORY TO THE DEPARTMENT 14 THAT SUCH COURSEWORK OR TRAINING HAS BEEN COMPLETED IS PROVIDED TO THE 15 DEPARTMENT. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING 16 EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A BIENNIAL REGISTRATION 17 CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A 18 CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVI- 19 SION THREE OF THIS SECTION. THE INDIVIDUAL LICENSEE SHALL DETERMINE THE 20 SELECTION OF COURSES OR PROGRAMS OF STUDY PURSUANT TO SUBDIVISION FOUR 21 OF THIS SECTION. 22 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS- 23 TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION 24 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO 25 AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION 26 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS- 27 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE BIEN- 28 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL 29 BE DETERMINED BY THE DEPARTMENT. ANY LICENSEE WHO IS NOTIFIED OF THE 30 DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO 31 THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO 32 PRACTICES MEDICINE WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO DISCI- 33 PLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS 34 TITLE. 35 4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION" 36 SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL 37 PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE 38 COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT, 39 PROGRAMS MUST BE TAKEN FROM SPONSORS HAVING AT LEAST ONE FULL-TIME 40 EMPLOYEE AND THE FACILITIES, EQUIPMENT, AND FINANCIAL AND PHYSICAL 41 RESOURCES TO PROVIDE CONTINUING EDUCATION COURSES, APPROVED BY THE 42 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. 43 5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS, 44 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH BIENNIAL REGISTRA- 45 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE BIENNIAL REGISTRATION 46 FEE REQUIRED BY SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE. 47 S 2. Paragraph b of subdivision 2 of section 3309-a of the public 48 health law is amended by adding a new subparagraph (v) to read as 49 follows: 50 (V) NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, REPORT TO THE 51 COMMISSIONER RECOMMENDATIONS FOR MANDATORY CONTINUING MEDICAL EDUCATION 52 RELATING TO THE TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS. 53 THE RECOMMENDATIONS FOR SUCH MANDATORY CONTINUING MEDICAL EDUCATION 54 SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, THE MANDATORY COURSEWORK OR 55 TRAINING REQUIRED PURSUANT TO SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE 56 EDUCATION LAW. A. 3360 3 1 S 3. The education law is amended by adding a new section 6505-d to 2 read as follows: 3 S 6505-D. MANDATORY COURSEWORK OR TRAINING RELATING TO PRESCRIPTION 4 PAIN MEDICATION AND OPIATE-DEPENDENT PATIENTS. 1. EVERY PRESCRIBER, AS 5 SUCH TERM IS DEFINED IN SUBDIVISION TWO OF THIS SECTION, SHALL COMPLETE 6 ON A ONE-TIME BASIS NOT LESS THAN EIGHT HOURS OF COURSEWORK OR TRAINING 7 RELATING TO THE TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS 8 THAT IS PROVIDED BY THE AMERICAN SOCIETY OF ADDICTION MEDICINE, THE 9 AMERICAN ACADEMY OF ADDICTION PSYCHIATRY, THE AMERICAN MEDICAL ASSOCI- 10 ATION, THE AMERICAN OSTEOPATHIC ASSOCIATION, THE AMERICAN PSYCHIATRIC 11 ASSOCIATION, OR ANY OTHER ORGANIZATION THAT THE COMMISSIONER DETERMINES 12 IS APPROPRIATE FOR THE PURPOSES OF THIS SECTION. SUCH COURSEWORK OR 13 TRAINING MAY BE COMPLETED IN A CLASSROOM SETTING, THROUGH INTERNET-BASED 14 INSTRUCTION, OR OTHERWISE AS APPROVED BY THE COMMISSIONER. EACH PRESCRI- 15 BER SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME OF REGISTRATION OR 16 RE-REGISTRATION THAT THE PRESCRIBER HAS COMPLETED COURSEWORK OR TRAINING 17 IN ACCORDANCE WITH THIS SECTION. THE DEPARTMENT SHALL PROVIDE AN 18 EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION TO ANY PRESCRIBER WHO 19 REQUESTS SUCH AN EXEMPTION AND WHO SHOWS, TO THE DEPARTMENT'S SATISFAC- 20 TION, THAT SUCH PRESCRIBER IS NOT SUBJECT TO THE REQUIREMENTS OF THIS 21 SECTION PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 22 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "PRESCRIBER" SHALL MEAN 23 ANY PRACTITIONER THAT IS (A) AUTHORIZED TO PRESCRIBE CONTROLLED 24 SUBSTANCES PURSUANT TO HIS OR HER LICENSED PROFESSIONAL PRACTICE, AND 25 (B) REGISTERED UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT AND IN 26 POSSESSION OF A REGISTRATION NUMBER FROM THE DRUG ENFORCEMENT ADMINIS- 27 TRATION, UNITED STATES DEPARTMENT OF JUSTICE, OR ITS SUCCESSOR AGENCY. 28 3. THIS SECTION SHALL APPLY TO ANY PRESCRIBER THAT (A) HAS TEN OR MORE 29 PATIENTS BEING TREATED FOR CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS 30 PRESCRIBED THE USE OF PRESCRIPTION PAIN MEDICATION, OR (B) HAS AT LEAST 31 ONE PATIENT BEING TREATED FOR CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS 32 PRESCRIBED A DAILY DOSE OF AT LEAST 100 MG OF MORPHINE OR ITS EQUIV- 33 ALENT. 34 S 4. This act shall take effect on the three hundred sixty-fifth day 35 after it shall have become a law.