Bill Text: NY A01880 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires home health aides and nurse's aides to receive training in working with patients of diverse sexual orientations and gender identities or expressions as part of the education and training for certification; directs the commissioner of health to develop curriculum in accordance with specified information.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2022-12-23 - approval memo.55 [A01880 Detail]

Download: New_York-2021-A01880-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1880--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by  M. of A. DINOWITZ, OTIS, EPSTEIN, BURDICK, GLICK -- read
          once and referred to the Committee on Health  --  recommitted  to  the
          Committee  on  Health  in  accordance  with Assembly Rule 3, sec. 2 --
          reported and referred to the Committee on Ways and Means --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  relating  to  requiring  home health aides and nurse's aides to
          receive training in working with patients  of  diverse  sexual  orien-
          tations and gender identities or expressions

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The  commissioner  of  health,  in  consultation  with  the
     2  commissioner  of  education, shall develop a training program unit which
     3  focuses on working with patients  of  diverse  sexual  orientations  and
     4  gender  identities  or expressions, as part of the state approved educa-
     5  tion or training programs required  for  certification  of  home  health
     6  aides,  personal  care aides, personal care staff, and certified nurse's
     7  aides.
     8    § 2. The training program unit required by this act should include the
     9  following components and information:
    10    (a) an explanation of the terms lesbian, gay, bisexual,  queer,  ques-
    11  tioning, intersex, asexual, gender non-conforming and non-binary;
    12    (b)  an understanding of why patients with diverse sexual orientations
    13  and gender identities or expressions may hide their identities;
    14    (c) incorporate concerns of patients with diverse sexual  orientations
    15  and  gender identities or expressions into person-directed care, so that
    16  each individual can make the best decisions for their own situation;
    17    (d) specific information designed for staff working in nursing care or
    18  other residential care settings;
    19    (e) unique needs of patients  with  diverse  sexual  orientations  and
    20  gender identities or expressions, including older adults;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05729-02-2
        A. 1880--A                          2

     1    (f)  an  overview  of  the various rights and protections for patients
     2  with diverse sexual orientations and gender identities or expressions;
     3    (g) best practices for creating communities welcoming to patients with
     4  diverse sexual orientations and gender identities or expressions includ-
     5  ing older adults, their loved ones, and their caregivers;
     6    (h)  practical tips from experts about how to ask questions related to
     7  sexual orientation and gender identity or expression and understand  why
     8  these questions are important for all service organizations;
     9    (i)  teach  the  nuances  of asking questions related to sexual orien-
    10  tation and gender identity or expression, including older adults;
    11    (j) how to respectfully respond to questions and concerns  that  arise
    12  in  conversations  relating to sexual orientation and gender identity or
    13  expression; and
    14    (k) best practices for  providing  affirming  care  to  patients  with
    15  diverse sexual orientations and gender identities or expressions.
    16    §  3. The training unit required by this act shall be developed within
    17  six months of the effective date of this act and shall be  required  for
    18  all  certifications and re-certifications of home health aides, personal
    19  care aides, personal care staff, and certified nurse's aides  issued  on
    20  and after such six month date.
    21    § 4. This act shall take effect immediately.