Bill Text: NY S02318 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires a physician, upon the renewal of his or her professional license, to submit to the board of regents that he or she has attended and completed a course of continuing education in professional medical competency approved by such board; establishes minimum standards for such continuing education program; establishes minimum standards for continuing education courses; requires medical school students to complete a course of study in medical risk management.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO FINANCE [S02318 Detail]

Download: New_York-2011-S02318-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2318
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the education  law,  in  relation  to  imposing  certain
         education  requirements  upon physicians as a condition for renewal of
         their professional  license;  to  amend  the  public  health  law,  in
         relation  to directing the commissioner of health to develop and offer
         a course in medical risk management as part of such  requirement;  and
         making an appropriation therefor
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 6524 of the education law is amended  by  adding  a
    2  new subdivision 2-a to read as follows:
    3    (2-A)  RISK  MANAGEMENT  AND  CONTINUING  EDUCATION:  (A) ON AND AFTER
    4  NOVEMBER FIRST, TWO THOUSAND ELEVEN,  EVERY  RENEWAL  OF  A  PHYSICIAN'S
    5  LICENSE  SHALL BE CONDITIONED UPON THE LICENSEE OBTAINING AND SUBMITTING
    6  TO THE BOARD PROOF  THAT,  WITHIN  THE  THREE  YEAR  PERIOD  IMMEDIATELY
    7  PRECEDING  SUCH  RENEWAL PERIOD, HE OR SHE HAS ATTENDED AND SUCCESSFULLY
    8  COMPLETED A COURSE OR COURSES OF CONTINUING  EDUCATION  IN  PROFESSIONAL
    9  MEDICAL  COMPETENCY  APPROVED  BY  THE  BOARD  AS TO METHOD, CONTENT AND
   10  SUPERVISION. SUCH COURSE OR COURSES SHALL  CONSIST  OF  AT  LEAST  SIXTY
   11  HOURS  OF  CLASSROOM INSTRUCTION, FIVE HOURS OF WHICH SHALL BE DEDICATED
   12  TO MEDICAL RISK MANAGEMENT AS DEVELOPED  BY  THE  DEPARTMENT  OF  HEALTH
   13  PURSUANT  TO  SUBDIVISION TWENTY-EIGHT OF SECTION TWO HUNDRED SIX OF THE
   14  PUBLIC HEALTH LAW. IN ESTABLISHING THE REQUIREMENTS FOR  THE  CONTINUING
   15  EDUCATION COURSE OR COURSES, OTHER THAN FOR MEDICAL RISK MANAGEMENT, THE
   16  BOARD  SHALL CONSIDER AND MAY PERMIT EQUIVALENT NATIONAL OR STATE EDUCA-
   17  TIONAL COURSES OF INSTRUCTION INCLUDING BUT NOT LIMITED TO THOSE OFFERED
   18  BY A MEDICAL SOCIETY, MEDICAL  SPECIALTY  BOARD  OR  THE  DEPARTMENT  OF
   19  HEALTH.    EACH  COURSE  SHALL,  HOWEVER, BE PRESENTED IN AN APPROPRIATE
   20  CLASSROOM SETTING, HAVE AN ESTABLISHED CURRICULUM AND PROPERLY  PREPARED
   21  WRITTEN  MATERIALS  OF  THE SUBJECT MATTER WHICH SHALL BE DISTRIBUTED AS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06828-01-1
       S. 2318                             2
    1  PART OF THE COURSE AND BE TAUGHT BY A QUALIFIED FACULTY. CREDIT SHALL BE
    2  AWARDED ON THE BASIS OF ONE  HOUR  FOR  EACH  SIXTY  MINUTES  OF  ACTUAL
    3  ATTENDANCE AND RECORDS SHALL BE MAINTAINED OF ATTENDANCE AT EACH SESSION
    4  WHICH SHALL BE TRANSMITTED TO THE BOARD AT THE CONCLUSION OF THE COURSE;
    5    (B)  ON  AND  AFTER  NOVEMBER  FIRST, TWO THOUSAND ELEVEN NO PHYSICIAN
    6  SHALL BE INITIALLY LICENSED UNLESS HE OR SHE HAS SUCCESSFULLY  COMPLETED
    7  A  COURSE  IN  MEDICAL  RISK  MANAGEMENT,  EITHER  AS PART OF HIS OR HER
    8  MEDICAL SCHOOL EDUCATION OR AS DEVELOPED BY  THE  DEPARTMENT  OF  HEALTH
    9  PURSUANT  TO  SUBDIVISION TWENTY-EIGHT OF SECTION TWO HUNDRED SIX OF THE
   10  PUBLIC HEALTH LAW;
   11    S 2. Section 206 of the public health law is amended by adding  a  new
   12  subdivision 28 to read as follows:
   13    28.  THE  COMMISSIONER,  WITH  THE  COOPERATION OF THE STATE BOARD FOR
   14  MEDICINE SHALL DEVELOP A COURSE OF INSTRUCTION IN MEDICAL  RISK  MANAGE-
   15  MENT  TO  BE PROVIDED TO STUDENTS IN MEDICAL SCHOOL AND TO PHYSICIANS AS
   16  PART OF LICENSING REQUIREMENTS PURSUANT TO SUBDIVISION TWO-A OF  SECTION
   17  SIXTY-FIVE HUNDRED TWENTY-FOUR OF THE EDUCATION LAW.
   18    S  3.  The  sum of one hundred thousand dollars ($100,000), or so much
   19  thereof as may be necessary, is hereby appropriated to the department of
   20  health from any moneys in the state treasury in the general fund to  the
   21  credit  of  the  state  purposes  account not otherwise appropriated for
   22  services and expenses of the department of health for  the  purposes  of
   23  carrying  out  the  provisions of this act. Such sum shall be payable on
   24  the audit and warrant of the state comptroller on vouchers certified  or
   25  approved  by  the  commissioner of health, or his or her duly designated
   26  representative in the manner provided by law. No  expenditure  shall  be
   27  made  from  this appropriation until a certificate of approval of avail-
   28  ability shall have been issued by the director of the budget  and  filed
   29  with  the state comptroller and a copy filed with the chairperson of the
   30  senate finance committee and the chairperson of the  assembly  ways  and
   31  means  committee.   Such certificate may be amended from time to time by
   32  the director of the budget and a copy of each such  amendment  shall  be
   33  filed  with the state comptroller, the chairperson of the senate finance
   34  committee and the chairperson of the assembly ways and means committee.
   35    S 4. This act shall take effect immediately.
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