A06679 Summary:

BILL NOA06679A
 
SAME ASSAME AS S00116-A
 
SPONSORCrespo
 
COSPNSRSepulveda
 
MLTSPNSRArroyo, Moya, Ortiz, Ramos, Rivera, Rodriguez
 
Add §6505-d, Ed L; amd §§2805-k & 206, Pub Health L
 
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.
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A06679 Actions:

BILL NOA06679A
 
03/30/2015referred to higher education
01/06/2016referred to higher education
04/07/2016amend and recommit to higher education
04/07/2016print number 6679a
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A06679 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6679A
 
SPONSOR: Crespo (MS)
  TITLE OF BILL: 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; and making an appro- priation therefor   PURPOSE: To require cultural awareness and competence training for all medical professionals as part of their licensing requirements; creates a public education program; provides for an appropriation.   SUMMARY OF PROVISIONS: Section 1. Amends the education law by adding a new section 6505-d. Requires every physician, physician assistant, dentist, registered nurse, licensed practical nurse, podiatrist, optometrist and dental hygienist practicing in the state to complete on or before July first, 2016 and every two years thereafter, course work or training appropriate to the professional's practice approved by the department regarding cultural awareness and competence in the nondiscriminatory provision of medical services. Section 2. Amends the Public Health Law, section 2805-k (1) (f). Requires physicians, dentists or podiatrists to document the completion of cultural awareness and competency training. Prohibits hospitals or facilities from granting or renewing professional privileges if such medical professional has not completed the required training. Section 3. Amends the Public Health Law section 206 of by adding a new subdivision 29. Authorizes the Commissioner of Health to develop and implement a statewide, community-based public health education program to reduce disparities in minority health care. Section 4. Appropriation Section 5. Effective Date   EXISTING LAW: None   JUSTIFICATION: The Office of Minority Health and Health Disparities in the U.S. Centers of Disease Control (CDC) reports that: o Even though the Nation's infant mortality rate is down, the infant death rate among African Americans is still more than double that of whites; o Hispanics living in the United States are almost twice as likely to die from diabetes than non-Hispanic whites; and, o American Indians and Alaska Natives suffer from diabetes at more than twice the rate of whites. According to the New York State Department of Health, "Health dispari- ties are deep and pervasive in New York State, as they are in almost every state in the nation. Some racial and ethnic minority groups, people with low incomes and/or language barriers, people who live in underserved communities, and many others have poorer health from birth (e.g., infant mortality) to death (e.g., premature deaths). Across the lifespan, they suffer higher rates of disease and disability. And these problems begin early, adding to the erosion of opportunity for children who often face a constellation of other social and economic challenges. As a result, disparities have a devastating human and economic impact on the state. Health Disparities in New York City: Minding the Gap (2010 New York City Department of Health and Mental Hygiene) reported that: o Death rates are almost 30% higher in the poorest New York City neigh- borhoods than in wealthier neighborhoods o Blacks and whites in the poorest neighborhoods die at higher rates than their counterparts living in richer neighborhoods o Black, Hispanic and Asian New Yorkers are more likely to die prema- turely than whites, regardless of neighborhood income o Gaps in death rates between blacks and whites vary by cause of death and neighborhood income Evidence suggests that a more culturally competent health workforce is one way to address problems associated with health care disparities by improving access to care. The Agency for Healthcare Research and Quality likewise reported "that a lack of attention to cultural issues reacts to less than optimal care and addressing these concerns or using certain cultural competence interventions leads to improved outcomes." Washing- ton, New Jersey, California are among the states that currently require cultural awareness and competency training for its healthcare workforce. This bill addresses the problems associated with health care disparities by requiring medical professionals to complete required course work in cultural awareness and competency training as part of their licensing requirements.   LEGISLATIVE HISTORY: 2013: S.793 - Referred to Finance/A.2417 Referred to Higher Education 2012: S.118-A-Amended and recommit to Health/ A.1434 - A- Amended and recommit to Higher Education 2011: S.118 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Health/A.1434 - Referred to Higher Education 2009-10: S.3129 - Referred to Higher Education/A.8843 - Referred to Higher Education 2007-08: 5.765 - Referred to Finance A2471A of 2013 died in higher education.   FISCAL IMPLICATIONS: 5100,000 or so much thereof as may be necessary, to be appropriated from the state treasury.   LOCAL FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A06679 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6679--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 30, 2015
                                       ___________
 
        Introduced  by M. of A. CRESPO, SEPULVEDA -- Multi-Sponsored by -- M. of
          A. ARROYO, MOYA, ORTIZ, RAMOS, RIVERA,  RODRIGUEZ  --  read  once  and
          referred  to  the  Committee on Higher Education -- recommitted to the
          Committee on Higher Education in accordance with Assembly Rule 3, sec.
          2 -- committee discharged, bill amended, ordered reprinted as  amended
          and recommitted to said committee
 
        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; and making an appropriation there-
          for
 
          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 dental
     6  hygienist practicing in the state shall, on or before  July  first,  two
     7  thousand  eighteen  and every two years thereafter, complete course work
     8  or 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 eighteen that the professional has completed course work or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01273-03-6

        A. 6679--A                          2
 
     1  training  in  accordance  with  this  section, provided, however, that a
     2  professional subject to the provisions of paragraph (f)  of  subdivision
     3  one  of  section  twenty-eight  hundred  five-k of the public health law
     4  shall not be required to so document.
     5    3.  The department shall provide an exemption from this requirement to
     6  anyone who requests such an exemption and who (i)  clearly  demonstrates
     7  to  the department's satisfaction that there would be no need for him or
     8  her to complete such course work or training because of  the  nature  of
     9  his  or her practice or (ii) that he or she has completed course work or
    10  training deemed by the department to be equivalent to the course work or
    11  training approved by the department pursuant to this section.
    12    § 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
    13  health law, as amended by chapter 477 of the laws of 2008, is amended to
    14  read as follows:
    15    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
    16  completed the course work or training as mandated by section two hundred
    17  thirty-nine of this chapter or section six thousand five hundred  five-b
    18  of  the education law or section six thousand five hundred five-d of the
    19  education law.  A hospital or facility shall not grant or renew  profes-
    20  sional  privileges or association to a physician, dentist, or podiatrist
    21  who has not completed such course work or training.
    22    § 3. Section 206 of the public health law is amended by adding  a  new
    23  subdivision 30 to read as follows:
    24    30.  The commissioner is authorized and directed to develop and imple-
    25  ment a statewide, community-based public  health  education  program  to
    26  reduce  the  root  causes  of  disparities in minority health care. Such
    27  education program shall be aimed at health care professionals,  patients
    28  and  patient  advocates. The commissioner and the department may consult
    29  with the appropriate professionals in developing and implementing such a
    30  program. The commissioner shall administer any state funds  appropriated
    31  for such health education program.
    32    §  4.  The  sum of one hundred thousand dollars ($100,000), or so much
    33  thereof as may be necessary, is hereby appropriated to the department of
    34  health out of any moneys in the state treasury in the  general  fund  to
    35  the  credit  of  the state purposes account, not otherwise appropriated,
    36  and made immediately available, for such purpose  of  carrying  out  the
    37  provisions of section three of this act. Such moneys shall be payable on
    38  the  audit  and  warrant  of  the  comptroller  on vouchers certified or
    39  approved by the commissioner of health, or his or  her  duly  designated
    40  representative  in the manner prescribed by law. No expenditure shall be
    41  made from this appropriation until a certificate of approval  of  avail-
    42  ability  shall  have been issued by the director of the budget and filed
    43  with the state comptroller and a copy filed with  the  chairman  of  the
    44  senate finance committee and the chairman of the assembly ways and means
    45  committee.  Such  certificate  may  be  amended from time to time by the
    46  director of the budget and a copy of each such amendment shall be  filed
    47  with the state comptroller, the chairman of the senate finance committee
    48  and the chairman of the assembly ways and means committee.
    49    § 5. This act shall take effect immediately.
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