Bill Text: NY S01844 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires registered nurses, licensed practical nurses, physicians, physicians assistants and specialist assistants to complete approved domestic violence training or course work; provides that for nurses, completion of course work or training and documentation thereof begins with the first registration after 1/1/2014 and must be provided every four years afterwards; provides that for physicians, physician assistants and specialist assistants, completion of course work or training and documentation thereof must be provided on or before 1/1/2014 and every four years afterwards; provides for exemptions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-13 - PRINT NUMBER 1844A [S01844 Detail]

Download: New_York-2011-S01844-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1844
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2011
                                      ___________
       Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
         and when printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law and the public health law, in relation
         to domestic violence course work or training
         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. DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY  REGISTERED
    4  NURSE AND LICENSED PRACTICAL NURSE PRACTICING IN THIS STATE SHALL, ON OR
    5  BEFORE  JANUARY FIRST, TWO THOUSAND THIRTEEN AND EVERY FOUR YEARS THERE-
    6  AFTER, COMPLETE COURSE WORK  OR  TRAINING  APPROPRIATE  TO  THE  PROFES-
    7  SIONAL'S PRACTICE APPROVED BY THE DEPARTMENT REGARDING DIAGNOSIS, TREAT-
    8  MENT,  AND  DOCUMENTATION  OF  DOMESTIC  VIOLENCE,  IN  ACCORDANCE  WITH
    9  REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH
   10  THE DEPARTMENT OF HEALTH AND THE OFFICE FOR THE PREVENTION  OF  DOMESTIC
   11  VIOLENCE. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE
   12  TIME  OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JANU-
   13  ARY FIRST, TWO THOUSAND THIRTEEN THAT  THE  PROFESSIONAL  HAS  COMPLETED
   14  COURSE  WORK OR TRAINING IN ACCORDANCE WITH THIS SECTION. THE DEPARTMENT
   15  SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO ANYONE WHO  REQUESTS
   16  SUCH  AN  EXEMPTION AND WHO (I) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S
   17  SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH
   18  COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE  OR
   19  (II)  HAS  COMPLETED COURSE WORK OR TRAINING DEEMED BY THE DEPARTMENT TO
   20  BE EQUIVALENT TO THE COURSE WORK OR TRAINING APPROVED BY THE  DEPARTMENT
   21  PURSUANT  TO  THIS  SECTION. THE DEPARTMENT SHALL CONSULT WITH ORGANIZA-
   22  TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH  EXPER-
   23  TISE  IN  DOMESTIC  VIOLENCE  WITH  RESPECT  TO THE REGULATORY STANDARDS
   24  PROMULGATED PURSUANT TO THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05929-02-1
       S. 1844                             2
    1    S 2.  The title heading of title 2-E of article 2 of the public health
    2  law, as amended by chapter 477 of the laws of 2008, is amended  to  read
    3  as follows:
    4                       HIV/HBV/HCV PREVENTION TRAINING;
    5                  DOMESTIC VIOLENCE COURSE WORK OR TRAINING
    6    S 3. The public health law is amended by adding a new section 239-c to
    7  read as follows:
    8    S  239-C.  DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY PHYSICIAN,
    9  PHYSICIAN ASSISTANT AND SPECIALIST ASSISTANT  PRACTICING  IN  THE  STATE
   10  SHALL,  ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN AND EVERY FOUR
   11  YEARS THEREAFTER, (A) COMPLETE COURSE WORK OR TRAINING,  APPROPRIATE  TO
   12  THE  PROFESSIONAL'S PRACTICE, APPROVED BY THE DEPARTMENT REGARDING DIAG-
   13  NOSIS, TREATMENT, AND DOCUMENTATION OF DOMESTIC VIOLENCE, IN  ACCORDANCE
   14  WITH  REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT IN CONSULTATION
   15  WITH THE DEPARTMENT OF EDUCATION AND THE OFFICE FOR  THE  PREVENTION  OF
   16  DOMESTIC  VIOLENCE AND (B) SO DOCUMENT TO THE DEPARTMENT. THE DEPARTMENT
   17  SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO ANYONE WHO  REQUESTS
   18  SUCH  AN  EXEMPTION AND WHO (I) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S
   19  SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH
   20  COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE  OR
   21  (II)  THAT HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
   22  DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR TRAINING  APPROVED  BY
   23  THE  DEPARTMENT  PURSUANT  TO THIS SECTION. THE DEPARTMENT SHALL CONSULT
   24  WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE
   25  WITH EXPERTISE IN DOMESTIC VIOLENCE WITH RESPECT TO THE REGULATORY STAN-
   26  DARDS PROMULGATED PURSUANT TO THIS SECTION.
   27    S 4. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law and provided further that  the  commissioners
   29  of health and education may immediately take such steps as are necessary
   30  for implementation  of this act on such effective date.