Bill Text: NY A00626 | 2017-2018 | General Assembly | Introduced

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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 4-0)

Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A00626 Detail]

Download: New_York-2017-A00626-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           626
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred 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  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  eighteen  and every registration period thereafter, complete course work
     9  or training regarding cultural awareness and competence in the provision
    10  of medical services in accordance with  regulated standards  promulgated
    11  by  the  department, in consultation with the department of health. Such
    12  cultural awareness and competence course work or training shall  require
    13  two  hours  of  course work or training encompassing minority healthcare
    14  issues including ethnic, religious, linguistic, sexual  orientation  and
    15  gender  identity  healthcare issues and their impact on minority health-
    16  care. In promulgating regulatory standards pursuant to this section  the
    17  department  is  advised  to consult with organizations representative of
    18  professions, institutions and those with expertise in cultural awareness
    19  and competence.
    20    2. As used in this section, "acceptable formal  continuing  education"
    21  shall  mean formal programs of learning which contribute to professional
    22  practice and which meet the standards prescribed by regulations  of  the
    23  commissioner. To fulfill the mandatory continuing education requirement,
    24  programs  must  be taken from sponsors having the facilities, equipment,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04455-01-7
        A. 626                              2
     1  and financial and physical resources  to  provide  continuing  education
     2  courses,  approved by the department, pursuant to the regulations of the
     3  commissioner.  Continuing education may be provided in an internet-based
     4  course format as approved by the department.
     5    3.  Each  such professional shall attest to the department at the time
     6  of registration commencing with the first registration after July first,
     7  two thousand eighteen that the professional has completed course work or
     8  training in accordance with this section.
     9    4. The department shall provide an exemption from this requirement  to
    10  anyone  who requests such an exemption and who: (i) clearly demonstrates
    11  to the department's satisfaction that there would be no need for him  or
    12  her  to  complete  such course work or training because of the nature of
    13  his or her practice; (ii) has completed course work or  training  deemed
    14  by  the  department  to  be  equivalent  to  the course work or training
    15  approved by the department pursuant to this section; (iii) has completed
    16  course work or training pertaining to cultural awareness and  competence
    17  which  has been incorporated as part of a risk management course offered
    18  pursuant to subsection (e) of section two thousand three hundred  forty-
    19  three  of  the insurance law, provided that such educational content has
    20  been approved by the superintendent of financial services; or (iv) is  a
    21  medical  professional  who is on a tour of extended active duty with the
    22  armed forces of the United States.
    23    5.  At the beginning of each registration period, a mandatory continu-
    24  ing education fee of five dollars shall be collected  from  all  persons
    25  required  to  complete  the  course  work  and training required by this
    26  section; provided that any person obtaining  an  exemption  pursuant  to
    27  subdivision  four of this section shall not be required to pay such five
    28  dollar fee. This fee shall be in addition to all other  existing  regis-
    29  tration fees.
    30    6.  The commissioner is authorized to promulgate regulations to imple-
    31  ment the provisions of this section.
    32    Any person subject to the provisions  of  this  section,  who  falsely
    33  attests  to  having completed the required course work or training shall
    34  be subject to professional misconduct as provided by  subdivision  twen-
    35  ty-one  of  section sixty-five hundred thirty of this title and subdivi-
    36  sion nine of section sixty-five hundred nine of this title.
    37    § 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
    38  health  law,  as  amended by chapter 477 of the laws of 2008, is amended
    39  and a new subdivision 5 is added to read as follows:
    40    (f) Documentation  that  the  physician,  dentist  or  podiatrist  has
    41  completed the course work or training as mandated by section two hundred
    42  thirty-nine  of  this  chapter or section [six thousand five] sixty-five
    43  hundred five-b of the education law or section sixty-five hundred five-d
    44  of the education law.  A hospital or facility shall not grant  or  renew
    45  professional  privileges  or  association  to  a  physician, dentist, or
    46  podiatrist who has not completed such course work or training.  A hospi-
    47  tal or facility shall not knowingly grant or renew  professional  privi-
    48  leges  or  association  to  anyone  required  to complete course work or
    49  training unless said person has attested to having taken  such  required
    50  course work or training.
    51    5.  Prior  to  hiring  or otherwise granting privileges to a physician
    52  assistant, registered nurse, licensed practical nurse or optometrist  or
    53  a  hospital  or facility approved pursuant to this article shall request
    54  from such person documentation that he or she has completed  the  course
    55  work or training as mandated by section sixty-five hundred five-d of the
    56  education  law. A hospital or facility shall not hire or otherwise grant
        A. 626                              3
     1  privileges to a physician assistant, registered nurse, licensed  practi-
     2  cal  nurse  or  optometrist  who  has  not completed such course work or
     3  training.
     4    § 3.  This act shall take effect immediately.