Bill Text: NY S02406 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires cultural awareness and competence training for medical professionals, including two hours of course work encompassing minority healthcare issues.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2020-02-13 - referred to higher education [S02406 Detail]

Download: New_York-2019-S02406-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2406--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 24, 2019
                                       ___________

        Introduced by Sens. SERRANO, BAILEY, KRUEGER, MONTGOMERY, RIVERA -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Higher Education -- recommitted to the Committee on High-
          er Education in accordance with Senate Rule 6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the education law and the public health law, in relation
          to  requiring  cultural  awareness and competence training for medical
          professionals

          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    §  6505-d.  Course  work  or training in cultural awareness and compe-
     4  tence. 1. Every  physician,  physician  assistant,  dentist,  registered
     5  nurse, licensed practical nurse, podiatrist, optometrist and nurse prac-
     6  titioner practicing in the state who provides direct medical services to
     7  patients  in  this  state  shall,  on or before July first, two thousand
     8  twenty-one and every registration  period  thereafter,  complete  course
     9  work  or  training  regarding  cultural  awareness and competence in the
    10  provision of medical services in accordance with    regulated  standards
    11  promulgated  by  the  department, in consultation with the department of
    12  health. Such cultural awareness and competence course work  or  training
    13  shall require two hours of course work or training encompassing minority
    14  healthcare issues including ethnic, religious, linguistic, sexual orien-
    15  tation and gender identity healthcare issues and their impact on minori-
    16  ty  healthcare.  In  promulgating  regulatory standards pursuant to this
    17  section the department is advised to consult with  organizations  repre-
    18  sentative  of  professions,  institutions  and  those  with expertise in
    19  cultural awareness and competence.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03615-02-0
        S. 2406--A                          2

     1    2. As used in this section, "acceptable formal  continuing  education"
     2  shall  mean formal programs of learning which contribute to professional
     3  practice and which meet the standards prescribed by regulations  of  the
     4  commissioner. To fulfill the mandatory continuing education requirement,
     5  programs  must  be taken from sponsors having the facilities, equipment,
     6  and financial and physical resources  to  provide  continuing  education
     7  courses,  approved by the department, pursuant to the regulations of the
     8  commissioner.  Continuing education may be provided in an internet-based
     9  course format as approved by the department.
    10    3. Each such professional shall attest to the department at  the  time
    11  of registration commencing with the first registration after July first,
    12  two  thousand twenty-one that the professional has completed course work
    13  or training in accordance with this section.
    14    4. The department shall provide an exemption from this requirement  to
    15  anyone  who requests such an exemption and who: (i) clearly demonstrates
    16  to the department's satisfaction that there would be no need for him  or
    17  her  to  complete  such course work or training because of the nature of
    18  his or her practice; (ii) has completed course work or  training  deemed
    19  by  the  department  to  be  equivalent  to  the course work or training
    20  approved by the department pursuant to this section; (iii) has completed
    21  course work or training pertaining to cultural awareness and  competence
    22  which  has been incorporated as part of a risk management course offered
    23  pursuant to subsection (e) of section two thousand three hundred  forty-
    24  three  of  the insurance law, provided that such educational content has
    25  been approved by the superintendent of financial services; or (iv) is  a
    26  medical  professional  who is on a tour of extended active duty with the
    27  armed forces of the United States.
    28    5.  At the beginning of each registration period, a mandatory continu-
    29  ing education fee of five dollars shall be collected  from  all  persons
    30  required  to  complete  the  course  work  and training required by this
    31  section; provided that any person obtaining  an  exemption  pursuant  to
    32  subdivision  four of this section shall not be required to pay such five
    33  dollar fee. This fee shall be in addition to all other  existing  regis-
    34  tration fees.
    35    6.  The commissioner is authorized to promulgate regulations to imple-
    36  ment the provisions of this section.
    37    Any person subject to the provisions  of  this  section,  who  falsely
    38  attests  to  having completed the required course work or training shall
    39  be subject to professional misconduct as provided by  subdivision  twen-
    40  ty-one  of  section sixty-five hundred thirty of this title and subdivi-
    41  sion nine of section sixty-five hundred nine of this title.
    42    § 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
    43  health  law,  as  amended by chapter 477 of the laws of 2008, is amended
    44  and a new subdivision 5 is added to read as follows:
    45    (f) Documentation  that  the  physician,  dentist  or  podiatrist  has
    46  completed the course work or training as mandated by section two hundred
    47  thirty-nine  of  this  chapter or section [six thousand five] sixty-five
    48  hundred five-b of the education law or section sixty-five hundred five-d
    49  of the education law.  A hospital or facility shall not grant  or  renew
    50  professional  privileges  or  association  to  a  physician, dentist, or
    51  podiatrist who has not completed such course work or training.  A hospi-
    52  tal or facility shall not knowingly grant or renew  professional  privi-
    53  leges  or  association  to  anyone  required  to complete course work or
    54  training unless said person has attested to having taken  such  required
    55  course work or training.
        S. 2406--A                          3

     1    5.  Prior  to  hiring  or otherwise granting privileges to a physician
     2  assistant, registered nurse, licensed practical nurse or optometrist  or
     3  a  hospital  or facility approved pursuant to this article shall request
     4  from such person documentation that he or she has completed  the  course
     5  work or training as mandated by section sixty-five hundred five-d of the
     6  education  law. A hospital or facility shall not hire or otherwise grant
     7  privileges to a physician assistant, registered nurse, licensed  practi-
     8  cal  nurse  or  optometrist  who  has  not completed such course work or
     9  training.
    10    § 3.  This act shall take effect immediately.