Bill Text: NY S07779 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-10 - REFERRED TO HIGHER EDUCATION [S07779 Detail]
Download: New_York-2009-S07779-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7779
I N S E N A T E
May 10, 2010
___________
Introduced by Sen. ESPADA -- 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 requiring cultural awareness and competence training for all
medical professionals; to amend the public health law, in relation to
a public health education program; to amend the insurance law, in
relation to requiring health maintenance organizations to provide
funding for such cultural awareness and competence training; 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. The education law is amended by adding a new section 6505-d
2 to read as follows:
3 S 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 DENTAL
6 HYGIENIST PRACTICING IN THE STATE SHALL, ON OR BEFORE JULY FIRST, TWO
7 THOUSAND TEN AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK OR
8 TRAINING APPROPRIATE TO THE PROFESSIONAL'S PRACTICE APPROVED BY THE
9 DEPARTMENT REGARDING CULTURAL AWARENESS AND COMPETENCE IN THE NON-DIS-
10 CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
11 STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH THE
12 DEPARTMENT OF HEALTH. THE DEPARTMENT SHALL ALSO CONSULT WITH ORGANIZA-
13 TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER-
14 TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
15 STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
16 2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
17 OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
18 TWO THOUSAND TEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
19 TRAINING IN ACCORDANCE WITH THIS SECTION, PROVIDED, HOWEVER, THAT A
20 PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
21 ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K OF THE PUBLIC HEALTH LAW
22 SHALL NOT BE REQUIRED TO SO DOCUMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04830-04-0
S. 7779 2
1 3. THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
2 ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I) CLEARLY DEMONSTRATES
3 TO THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
4 HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF
5 HIS OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
6 TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
7 TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
8 S 2. Paragraph (f) of subdivision 1 of section 2805-k of the public
9 health law, as amended by chapter 477 of the laws of 2008, is amended to
10 read as follows:
11 (f) Documentation that the physician, dentist or podiatrist has
12 completed the course work or training as mandated by section two hundred
13 thirty-nine of this chapter or section six thousand five hundred five-b
14 of the education law OR SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE EDUCA-
15 TION LAW. A hospital or facility shall not grant or renew professional
16 privileges or association to a physician, dentist, or podiatrist who has
17 not completed such course work or training.
18 S 3. Section 206 of the public health law is amended by adding a new
19 subdivision 27 to read as follows:
20 27. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
21 MENT A STATEWIDE, COMMUNITY-BASED PUBLIC HEALTH EDUCATION PROGRAM TO
22 REDUCE THE ROOT CAUSES OF DISPARITIES IN MINORITY HEALTH CARE. SUCH
23 EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS, PATIENTS
24 AND PATIENT ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
25 WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
26 PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY FUNDS APPROPRIATED OR
27 OTHERWISE PROVIDED BY LAW FOR SUCH HEALTH EDUCATION PROGRAM.
28 S 4. Paragraph 3 of subsection (d) of section 4310 of the insurance
29 law, as amended by chapter 266 of the laws of 1986, is amended and a new
30 paragraph 4 is added to read as follows:
31 (3) every such corporation shall, after the first full calendar year
32 of doing business, accumulate and maintain a statutory reserve fund
33 which shall from time to time during each calendar year be increased in
34 an amount equal to at least five per centum of the net premium income of
35 such corporation during such whole calendar year until such reserve
36 shall be at least equal to fifty thousand dollars and thereafter such
37 reserve shall be accumulated and maintained in the manner prescribed[.];
38 (4) EACH CORPORATION'S STATUTORY RESERVE FUND SHALL BE INCREASED AT
39 THE END OF THE CALENDAR YEAR TO THE EXTENT DEEMED NECESSARY BY THE
40 SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, TO
41 PROVIDE CAPITAL NECESSARY TO ESTABLISH AND MAINTAIN THE HEALTH CARE
42 PROVIDER TRAINING IN CULTURAL AWARENESS AND COMPETENCE, AS PROVIDED BY
43 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW AND SIX THOUSAND FIVE
44 HUNDRED FIVE-D OF THE EDUCATION LAW.
45 S 5. The sum of one hundred thousand dollars ($100,000), or so much
46 thereof as may be necessary, is hereby appropriated to the department of
47 health out of any moneys in the state treasury in the general fund to
48 the credit of the state purposes account, not otherwise appropriated,
49 and made immediately available, for such purpose of carrying out the
50 provisions of section three of this act. Such moneys shall be payable on
51 the audit and warrant of the comptroller on vouchers certified or
52 approved by the commissioner of health, or his or her duly designated
53 representative in the manner prescribed by law. No expenditure shall be
54 made from this appropriation until a certificate of approval of avail-
55 ability shall have been issued by the director of the budget and filed
56 with the state comptroller and a copy filed with the chairman of the
S. 7779 3
1 senate finance committee and the chairman of the assembly ways and means
2 committee. Such certificate may be amended from time to time by the
3 director of the budget and a copy of each such amendment shall be filed
4 with the state comptroller, the chairman of the senate finance committee
5 and the chairman of the assembly ways and means committee.
6 S 6. This act shall take effect immediately.
