Bill Text: NY A10380 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires every physician, physician assistant, specialist assistant, registered nurse and licensed practical nurse to complete course work or training regarding human immunodeficiency virus and sexually transmitted infections testing and the elements of sexual health including sexual orientation and gender identity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-10 - print number 10380a [A10380 Detail]

Download: New_York-2019-A10380-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10380--A

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Higher Education -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law and the education law, in relation
          to providing course work and training in HIV and STI testing

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  239-c to read as follows:
     3    § 239-c. Course work or training in HIV and STI testing practices. (a)
     4  Every physician, physician assistant and specialist assistant practicing
     5  in the state shall, on or before July first, two thousand twenty-one and
     6  every four years thereafter, complete course work or training, appropri-
     7  ate to the professional's practice, approved by the department regarding
     8  human  immunodeficiency  virus (HIV) and sexually transmitted infections
     9  (STI) testing, and the elements of sexual health including sexual orien-
    10  tation and gender identity. Such training shall include  best  practices
    11  for discussing routes and risks of HIV and STI transmission, advising as
    12  to the benefits of testing, the concept of informed consent, and working
    13  with  allied  health  professionals and trained peer health educators to
    14  facilitate testing upon consent. The trainings  shall  be  conducted  in
    15  accordance  with  regulatory  standards promulgated by the department in
    16  consultation with the department of education, to facilitate the testing
    17  of HIV and STIs in the course of professional practice. Such course work
    18  or training shall also be completed by every  medical  student,  medical
    19  resident  and  physician  assistant  student in the state as part of the
    20  orientation programs conducted by  medical  schools,  medical  residency
    21  programs and physician assistant programs.
    22    (b)   Every  physician,  physician  assistant,  specialist  assistant,
    23  medical student, medical resident and physician assistant  student  must
    24  provide  to the department documentation demonstrating the completion of
    25  and competence in the course work or training required under subdivision
    26  (a) of this section, provided however, that physicians  subject  to  the
    27  provisions  of  paragraph (f) of subdivision one of section twenty-eight

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15873-02-0
        A. 10380--A                         2

     1  hundred five-k of this chapter shall not be  required  to  provide  such
     2  documentation to the department.
     3    (c)  The  department  shall provide an exemption from the requirements
     4  imposed by subdivision (a) of this section to anyone who  requests  such
     5  an exemption and who (i) clearly demonstrates to the department's satis-
     6  faction  that  there  would  be  no need for him or her to complete such
     7  course work or training because of the nature of his or her practice  or
     8  (ii)  that he or she has completed course work or training deemed by the
     9  department to be equivalent to the standards for course work or training
    10  approved by the department  pursuant  to  this  section.  An  individual
    11  granted  an exemption must reapply to continue such exemption every four
    12  years.
    13    (d) The department shall consult with organizations representative  of
    14  professions,  institutions,  persons  living  with  HIV,  and those with
    15  expertise in issues of consent and medical ethics with  respect  to  the
    16  regulatory  standards promulgated pursuant to this section. On or before
    17  September first, two thousand thirty,  and  periodically  thereafter  as
    18  determined  necessary by the commissioner, the department, including its
    19  patient safety center, in consultation  with  the  council  on  graduate
    20  medical  education,  shall  review  and revise the content of the course
    21  work or training in HIV and STI testing practices as necessary to ensure
    22  that such content: (i) reflects the current infection control  practices
    23  and standards accepted and promoted by the medical and scientific commu-
    24  nities; (ii) focuses particular attention on instruction in standards of
    25  practice  for  which  compliance is suboptimal based on the department's
    26  experience; and (iii) emphasizes the importance of working  with  allied
    27  health  care  professionals  and staff, including nurses, patient aides,
    28  and peer health educators, in implementing best practices in testing and
    29  advising.
    30    § 2. The education law is amended by adding a new  section  6505-d  to
    31  read as follows:
    32    §  6505-d.  Course  work  or training in HIV testing practices.  Every
    33  registered nurse and licensed practical nurse practicing  in  the  state
    34  shall,  on  or before July first, two thousand twenty-one and every four
    35  years thereafter, complete course work or training, appropriate  to  the
    36  professional's  practice,  approved  by  the  department regarding human
    37  immunodeficiency virus (HIV) and sexually transmitted  infections  (STI)
    38  testing,  and the elements of sexual health including sexual orientation
    39  and gender identity, in accordance with regulatory standards promulgated
    40  by the department in consultation with the department of  health,  which
    41  shall  be consistent, as far as appropriate, with such standards adopted
    42  by the department of health pursuant to section two hundred  thirty-nine
    43  of  the  public  health  law.  Each  professional  shall document to the
    44  department at the time of registration, commencing with the first regis-
    45  tration after July first, two thousand  twenty-one,  that  such  profes-
    46  sional has completed the course work or training in accordance with this
    47  section,   provided,   however,  that  a  professional  subject  to  the
    48  provisions of paragraph (f) of subdivision one of  section  twenty-eight
    49  hundred  five-k of the public health law shall not be required to submit
    50  such document. The  department  shall  provide  an  exemption  from  the
    51  requirements  imposed  by  this  section  to anyone who requests such an
    52  exemption and who (i) clearly demonstrates to the department's satisfac-
    53  tion that there would be no need for him or her to complete such  course
    54  work  or  training  because of the nature of his or her practice or (ii)
    55  that he or she has completed course  work  or  training  deemed  by  the
    56  department to be equivalent to the standards for course work or training
        A. 10380--A                         3

     1  approved  by  the  department  pursuant  to this section. The department
     2  shall consult with organizations representative of  professions,  insti-
     3  tutions,  persons living with HIV, and those with expertise in issues of
     4  consent  and  medical  ethics  with  respect to the regulatory standards
     5  promulgated pursuant to this section.
     6    § 3. This act shall take effect immediately.