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.
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