Bill Text: NY S07132 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to requiring opioid training for medical professionals to reduce patient opioid abuse and reliance including nurses, nurse practitioners, psychologists, certain social workers, mental health counselors, marriage and family therapists, psychoanalysts, physical therapists, physical therapist assistants, and occupational therapists.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-02-04 - referred to higher education [S07132 Detail]

Download: New_York-2019-S07132-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7132

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2020
                                       ___________

        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  opioid
          training  for medical professionals to reduce patient opioid abuse and
          reliance

          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 to address patient substance use
     4  disorders. 1.   Every registered nurse, licensed  practical  nurse,  and
     5  nurse  practitioner  practicing in the state who provides direct medical
     6  services to patients in this state shall, on or before July  first,  two
     7  thousand  twenty-one  and every registration period thereafter, complete
     8  at least two hours of course work or training  on  ways  to  prevent  or
     9  address  patient  substance  use  disorder  in  the provision of medical
    10  services in accordance  with  regulated  standards  promulgated  by  the
    11  department, in consultation with the department of health and the office
    12  of  addiction  services  and supports. Such training shall be updated as
    13  necessary according to best  practices  for  providing  patient-centered
    14  care  with  consideration  given  to  social  determinants of health and
    15  co-occurring disorders. Course work or training shall include,  but  not
    16  be  limited  to: techniques for managing pain; prevention, screening and
    17  signs of substance use disorders; appropriate responses to substance use
    18  disorders; techniques that will reduce the likelihood  of  overdose  and
    19  the  spread  of blood-borne diseases by those who use drugs; and medica-
    20  tions used for the treatment of substance use disorders. In promulgating
    21  regulatory standards pursuant to this section the department is  advised
    22  to  consult  with  organizations  representative  of professions, insti-
    23  tutions and those with expertise in harm reduction strategies and in the
    24  treatment of substance use disorders.
    25    2. As used in this section, "acceptable formal  continuing  education"
    26  shall  mean formal programs of learning which contribute to professional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14692-02-0
        S. 7132                             2

     1  practice and which meet the standards prescribed by regulations  of  the
     2  commissioner. To fulfill the mandatory continuing education requirement,
     3  programs  must  be taken from sponsors having the facilities, equipment,
     4  and  financial  and  physical  resources to provide continuing education
     5  courses, approved by the department, pursuant to the regulations of  the
     6  commissioner.  Continuing education may be provided in an internet-based
     7  course format as approved by the department.
     8    3. Each such professional shall attest to the department at  the  time
     9  of registration commencing with the first registration after July first,
    10  two  thousand twenty-one that the professional has completed course work
    11  or training in accordance with this section.
    12    4. The department shall provide an exemption from this requirement  to
    13  anyone who requests such an exemption and who:
    14    a.  clearly  demonstrates  to the department's satisfaction that there
    15  would be no need for him or her to complete such course work or training
    16  because of the nature of his or her practice;
    17    b. has completed course work or training deemed by the  department  to
    18  be  equivalent to the course work or training approved by the department
    19  pursuant to this section; or
    20    c. is a medical professional who is on a tour of extended active  duty
    21  with the armed forces of the United States.
    22    5.  The commissioner is authorized to promulgate regulations to imple-
    23  ment the provisions of this section.
    24    6. Any person subject to the provisions of this section,  who  falsely
    25  attests  to  having completed the required course work or training shall
    26  be subject to professional misconduct as provided by  subdivision  twen-
    27  ty-one  of  section sixty-five hundred thirty of this title and subdivi-
    28  sion nine of section sixty-five hundred nine of this title.
    29    § 2. Section 7607 of the education law is  amended  by  adding  a  new
    30  subdivision 2-a to read as follows:
    31    2-a.  Every  psychologist  practicing  in  the state shall complete at
    32  least two hours of course work or training, as part of mandatory contin-
    33  uing education requirements, on ways to prevent or address substance use
    34  disorder in the provision of psychological services in  accordance  with
    35  regulated  standards promulgated by the department, in consultation with
    36  the department of health  and  the  office  of  addiction  services  and
    37  supports.  Such training shall be updated as necessary according to best
    38  practices for providing patient-centered care.  Course work or  training
    39  shall  include,  but  not  be  limited  to: pain management; prevention,
    40  screening and signs of substance use disorders; appropriate responses to
    41  substance use disorders; and harm reduction strategies. In  promulgating
    42  regulatory  standards pursuant to this section the department is advised
    43  to consult with  organizations  representative  of  professions,  insti-
    44  tutions and those with expertise in harm reduction strategies and in the
    45  treatment of substance use disorders.
    46    §  3.  Section  7710  of  the education law is amended by adding a new
    47  subdivision 2-a to read as follows:
    48    2-a. Every licensed master social worker or licensed  clinical  social
    49  worker  practicing  in  the  state  shall complete at least two hours of
    50  course work or training,  as  part  of  mandatory  continuing  education
    51  requirements,  on  ways  to prevent or address substance use disorder in
    52  accordance with regulated standards promulgated by  the  department,  in
    53  consultation  with  the department of health and the office of addiction
    54  services and supports. Such  training  shall  be  updated  as  necessary
    55  according  to best practices for providing patient-centered care. Course
    56  work or training shall include, but not be limited to: pain  management;
        S. 7132                             3

     1  prevention,  screening and signs of substance use disorders; appropriate
     2  responses to substance use disorders; and harm reduction strategies.  In
     3  promulgating  regulatory  standards pursuant to this section the depart-
     4  ment   is  advised  to  consult  with  organizations  representative  of
     5  professions, institutions and those with  expertise  in  harm  reduction
     6  strategies and in the treatment of substance use disorders.
     7    §  4.  Section  8412  of  the education law is amended by adding a new
     8  subdivision 2-a to read as follows:
     9    2-a. Every licensed mental health counselor, marriage and family ther-
    10  apist, and psychoanalyst practicing in the state shall complete at least
    11  two hours of course work or training, as part  of  mandatory  continuing
    12  education  requirements,  on  ways  to  prevent or address substance use
    13  disorder in accordance  with  regulated  standards  promulgated  by  the
    14  department, in consultation with the department of health and the office
    15  of  addiction  services  and supports. Such training shall be updated as
    16  necessary according to best  practices  for  providing  patient-centered
    17  care. Course work or training shall include, but not be limited to: pain
    18  management;  prevention, screening and signs of substance use disorders;
    19  appropriate responses to substance use  disorders;  and  harm  reduction
    20  strategies.  In  promulgating  regulatory  standards  pursuant  to  this
    21  section the department is advised to consult with  organizations  repre-
    22  sentative  of professions, institutions and those with expertise in harm
    23  reduction strategies and in the treatment of substance use disorders.
    24    § 5. Section 6742-a of the education law is amended by  adding  a  new
    25  subdivision 2-a to read as follows:
    26    2-a.  Every  licensed physical therapist and certified physical thera-
    27  pist assistant practicing in the state shall complete at least two hours
    28  of course work or training, as part of  mandatory  continuing  education
    29  requirements,  on  ways  to prevent or address substance use disorder in
    30  accordance with regulated standards promulgated by  the  department,  in
    31  consultation  with  the department of health and the office of addiction
    32  services and supports. Such  training  shall  be  updated  as  necessary
    33  according  to best practices for providing patient-centered care. Course
    34  work or training shall include, but not be limited to: pain  management,
    35  prevention,  screening and signs of substance use disorders; appropriate
    36  responses to substance use disorders; and harm reduction strategies.  In
    37  promulgating  regulatory  standards pursuant to this section the depart-
    38  ment  is  advised  to  consult  with  organizations  representative   of
    39  professions,  institutions  and  those  with expertise in harm reduction
    40  strategies and in the treatment of substance use disorders.
    41    § 6. Section 7908 of the education law is  amended  by  adding  a  new
    42  subdivision 2-a to read as follows:
    43    (2-a)  Every  occupational  therapist  practicing  in  the state shall
    44  complete at least two hours of course  work  or  training,  as  part  of
    45  mandatory  continuing  education  requirements,  on  ways  to prevent or
    46  address substance use disorder in accordance  with  regulated  standards
    47  promulgated  by  the  department, in consultation with the department of
    48  health and the office of addiction services and supports. Such  training
    49  shall  be updated as necessary according to best practices for providing
    50  patient-centered care. Course work or training shall include, but not be
    51  limited to:    pain  management;  prevention,  screening  and  signs  of
    52  substance  use  disorders; appropriate responses to substance use disor-
    53  ders; and harm reduction strategies. In promulgating  regulatory  stand-
    54  ards  pursuant to this section the department is advised to consult with
    55  organizations representative of professions, institutions and those with
        S. 7132                             4

     1  expertise in harm reduction strategies and in the treatment of substance
     2  use disorders.
     3    §  7.   Section 6554-a of the education law is amended by adding a new
     4  subdivision 2-a to read as follows:
     5    2-a. Every chiropractor practicing in  the  state  shall  complete  at
     6  least two hours of course work or training, as part of mandatory contin-
     7  uing education requirements, on ways to prevent or address substance use
     8  disorder  in  accordance  with  regulated  standards  promulgated by the
     9  department, in consultation with the department of health and the office
    10  of addiction services and supports. Such training shall  be  updated  as
    11  necessary  according  to  best  practices for providing patient-centered
    12  care. Course work or training shall include, but not be limited to: pain
    13  management; prevention, screening and signs of substance use  disorders;
    14  appropriate  responses  to  substance  use disorders; and harm reduction
    15  strategies.  In  promulgating  regulatory  standards  pursuant  to  this
    16  section  the  department is advised to consult with organizations repre-
    17  sentative of professions, institutions and those with expertise in  harm
    18  reduction strategies and in the treatment of substance use disorders.
    19    §  8.    This  act  shall take effect on the one hundred eightieth day
    20  after it shall have become a law; provided, however, section two of this
    21  act shall take effect on the same date and in the same manner as chapter
    22  436 of the laws of 2018, takes effect.