Bill Text: NY S05093 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires certain professionals to provide and the state education department to collect information about the practice of their professions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-03-04 - referred to higher education [S05093 Detail]

Download: New_York-2019-S05093-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5093
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 9, 2019
                                       ___________
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        AN ACT to amend the education law,  in  relation  to  requiring  certain
          professionals to provide and the state education department to collect
          information about the practice of their professions
          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 6502-a
     2  to read as follows:
     3    § 6502-a. Renewal of professional license, certification, or registra-
     4  tion. 1.  This  section  shall  apply  to  the  following  professionals
     5  licensed,  certified,  or  registered pursuant to this title:  physician
     6  assistants  (article  131-b);  specialist  assistants  (article  131-c);
     7  chiropractors  (article 132); dentists, dental hygienists, and certified
     8  dental assistants (article 133); licensed perfusionists  (article  134);
     9  physical therapists and physical therapy assistants (article 136); phar-
    10  macists  (article 137); registered professional nurses, licensed practi-
    11  cal nurses, and nurse practitioners  (article  139);  midwives  (article
    12  140);  podiatrists (article 141); optometrists (article 143); ophthalmic
    13  dispensers (article 144); psychologists (article 153);  licensed  master
    14  social  workers  and  licensed  clinical  social  workers (article 154);
    15  massage therapists, masseurs, and masseuses (article 155);  occupational
    16  therapists  and occupational therapy assistants (article 156); certified
    17  dietitians and certified nutritionists  (article  157);  speech-language
    18  pathologists  and  audiologists  (article  159); licensed acupuncturists
    19  (article 160);  certified  athletic  trainers  (article  162);  licensed
    20  mental  health  counselors,  licensed  marriage  and  family therapists,
    21  licensed creative arts therapists, and licensed psychoanalysts  (article
    22  163);  respiratory therapists and respiratory therapy technicians (arti-
    23  cle 164); clinical laboratory technologists, cytotechnologists, clinical
    24  laboratory technicians,  and  histological  technicians  (article  165);
    25  professional   medical  physicists  (article  166);  certified  behavior
    26  analyst assistants and licensed behavior  analysts  (article  167);  and
    27  licensed pathologists' assistants (article 168).
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10964-01-9

        S. 5093                             2
     1    2.  In conjunction with and as a condition of each triennial registra-
     2  tion, the professionals described in subdivision  one  of  this  section
     3  shall  provide to the department, and the department shall collect, such
     4  information and documentation required by the department,  in  consulta-
     5  tion  with  the  department  of  health,  as  is necessary to enable the
     6  department of health to evaluate  access  to  needed  services  in  this
     7  state,  including,  but not limited to, the location and type of setting
     8  in which the professional practices and other  information  the  depart-
     9  ment, in consultation with the department of health, deems relevant. The
    10  department  of  health,  in consultation with the department, shall make
    11  such data available in  aggregate,  de-identified  form  on  a  publicly
    12  accessible website.
    13    3.  The  dates by which the professionals described in subdivision one
    14  of this section must comply with the requirements of subdivision two  of
    15  this  section  shall  be  determined by the commissioner and may vary by
    16  profession, to allow the development and refinement of necessary program
    17  features. However, full implementation of such requirements shall  occur
    18  no later than three years after the effective date of this section.
    19    §  2.  Paragraph (e) of subdivision 3 of section 6902 of the education
    20  law, as amended by section 2 of part D of chapter  56  of  the  laws  of
    21  2014, is amended to read as follows:
    22    (e)  [(i)  In  conjunction  with  and as a condition of each triennial
    23  registration, the department shall  collect  and  a  nurse  practitioner
    24  shall provide such information and documentation required by the depart-
    25  ment,  in  consultation  with  the department of health, as necessary to
    26  enable the department of health to evaluate access to needed services in
    27  this state, including but not  limited  to  the  location  and  type  of
    28  setting  wherein  the nurse practitioner practices; if the nurse practi-
    29  tioner has practiced for fewer than three thousand six hundred hours and
    30  is practicing pursuant to a written practice agreement with a physician;
    31  if the nurse practitioner practices pursuant to collaborative  relation-
    32  ships  with  a  physician or hospital; and other information the depart-
    33  ment, in consultation with the department of health, deems relevant. The
    34  department of health, in consultation with  the  department,  will  make
    35  such  data  available  in  aggregate,  de-identified  form on a publicly
    36  accessible website.
    37    (ii)] The commissioner,  in  consultation  with  the  commissioner  of
    38  health,  shall issue a report on the implementation of the provisions of
    39  this section, along with information that includes, but is  not  limited
    40  to:    the number of nurse practitioners practicing for fewer than three
    41  thousand six hundred hours that practice pursuant to a written  practice
    42  agreement with a physician; the number of nurse practitioners that prac-
    43  tice  pursuant  to  collaborative  relationships with physicians or with
    44  hospitals; and other information the department deems relevant,  includ-
    45  ing  but  not limited to, any recommendations for the continuation of or
    46  amendments to the provisions of this section relating to  written  prac-
    47  tice  agreements  or collaborative relationships. The commissioner shall
    48  submit this report to the governor, the speaker  of  the  assembly,  the
    49  temporary  president  of  the senate, and the chairs of the assembly and
    50  senate higher education committees  by  September  first,  two  thousand
    51  eighteen.
    52    §  3.  This act shall take effect immediately; provided, however, that
    53  the amendments to paragraph (e) of subdivision 3 of section 6902 of  the
    54  education law made by section two of this act shall not affect the expi-
    55  ration  or  repeal  of  such  subdivision  and shall expire or be deemed
    56  repealed therewith.
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