Bill Text: NY A10380 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires every physician, physician assistant, specialist assistant, registered nurse and licensed practical nurse to complete course work or training regarding human immunodeficiency virus and sexually transmitted infections testing and the elements of sexual health including sexual orientation and gender identity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-10 - print number 10380a [A10380 Detail]

Download: New_York-2019-A10380-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10380

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Higher Education

        AN ACT to amend the public health law and the education law, in relation
          to providing course work and training in HIV testing practices

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

     1    Section  1.  The  public health law is amended by adding a new section
     2  239-c to read as follows:
     3    § 239-c. Course work or training in HIV testing practices.  (a)  Every
     4  physician,  physician  assistant  and specialist assistant practicing in
     5  the state shall, on or before July first, two  thousand  twenty-one  and
     6  every four years thereafter, complete course work or training, appropri-
     7  ate to the professional's practice, approved by the department regarding
     8  human  immunodeficiency  virus  (HIV)  testing  practices. Such training
     9  shall include best practices for discussing routes and risks of HIV  and
    10  STI transmission, advising as to the benefits of testing, the concept of
    11  informed  consent,  and  working  with  allied  health professionals and
    12  trained peer health educators to facilitate testing  upon  consent.  The
    13  trainings  shall  be  conducted  in accordance with regulatory standards
    14  promulgated by the department in consultation  with  the  department  of
    15  education,  to  facilitate  the  testing of HIV in the course of profes-
    16  sional practice. Such course work or training shall also be completed by
    17  every medical student, medical resident and physician assistant  student
    18  in  the  state  as part of the orientation programs conducted by medical
    19  schools, medical residency programs and physician assistant programs.
    20    (b)  Every  physician,  physician  assistant,  specialist   assistant,
    21  medical  student,  medical resident and physician assistant student must
    22  provide to the department documentation demonstrating the completion  of
    23  and competence in the course work or training required under subdivision
    24  (a)  of  this  section, provided however, that physicians subject to the
    25  provisions of paragraph (f) of subdivision one of  section  twenty-eight
    26  hundred  five-k  of  this  chapter shall not be required to provide such
    27  documentation to the department.
    28    (c) The department shall provide an exemption  from  the  requirements
    29  imposed  by  subdivision (a) of this section to anyone who requests such
    30  an exemption and who (i) clearly demonstrates to the department's satis-
    31  faction that there would be no need for him  or  her  to  complete  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15873-01-0
        A. 10380                            2

     1  course  work or training because of the nature of his or her practice or
     2  (ii) that he or she has completed course work or training deemed by  the
     3  department to be equivalent to the standards for course work or training
     4  approved  by  the  department  pursuant  to  this section. An individual
     5  granted an exemption must reapply to continue such exemption every  four
     6  years.
     7    (d)  The department shall consult with organizations representative of
     8  professions, institutions, persons  living  with  HIV,  and  those  with
     9  expertise  in  issues  of consent and medical ethics with respect to the
    10  regulatory standards promulgated pursuant to this section. On or  before
    11  September  first,  two  thousand  thirty, and periodically thereafter as
    12  determined necessary by the commissioner, the department, including  its
    13  patient  safety  center,  in  consultation  with the council on graduate
    14  medical education, shall review and revise the  content  of  the  course
    15  work  or  training  in HIV testing practices as necessary to ensure that
    16  such content: (i) reflects the current infection control  practices  and
    17  standards  accepted  and promoted by the medical and scientific communi-
    18  ties; (ii) focuses particular attention on instruction in  standards  of
    19  practice  for  which  compliance is suboptimal based on the department's
    20  experience; and (iii) emphasizes the importance of working  with  allied
    21  health  care  professionals  and staff, including nurses, patient aides,
    22  and peer health educators, in implementing best practices in testing and
    23  advising.
    24    § 2. The education law is amended by adding a new  section  6505-d  to
    25  read as follows:
    26    §  6505-d.  Course  work  or training in HIV testing practices.  Every
    27  registered nurse and licensed practical nurse practicing  in  the  state
    28  shall,  on  or before July first, two thousand twenty-one and every four
    29  years thereafter, complete course work or training, appropriate  to  the
    30  professional's  practice,  approved  by  the  department regarding human
    31  immunodeficiency virus (HIV) testing practices, in accordance with regu-
    32  latory standards promulgated by the department in consultation with  the
    33  department  of health, which shall be consistent, as far as appropriate,
    34  with such standards adopted by the  department  of  health  pursuant  to
    35  section  two  hundred thirty-nine of the public health law. Each profes-
    36  sional shall document to the department at  the  time  of  registration,
    37  commencing  with  the  first registration after July first, two thousand
    38  twenty-one, that such professional has  completed  the  course  work  or
    39  training  in  accordance  with  this  section, provided, however, that a
    40  professional subject to the provisions of paragraph (f)  of  subdivision
    41  one  of  section  twenty-eight  hundred  five-k of the public health law
    42  shall not be required to submit  such  document.  The  department  shall
    43  provide  an  exemption  from the requirements imposed by this section to
    44  anyone who requests such an exemption and who (i)  clearly  demonstrates
    45  to  the department's satisfaction that there would be no need for him or
    46  her to complete such course work or training because of  the  nature  of
    47  his  or her practice or (ii) that he or she has completed course work or
    48  training deemed by the department to be equivalent to the standards  for
    49  course  work  or  training  approved  by the department pursuant to this
    50  section. The department shall consult with organizations  representative
    51  of  professions,  institutions,  persons living with HIV, and those with
    52  expertise in issues of consent and medical ethics with  respect  to  the
    53  regulatory standards promulgated pursuant to this section.
    54    § 3. This act shall take effect immediately.