BILL NO A01124
SAME AS SAME AS S02947
SPONSOR Rosenthal (MS)
COSPNSR Gottfried, Ortiz, Kellner
MLTSPNSR Clark, Dinowitz, Perry
Add Art 28-F S2900, Pub Health L
Requires clinical education every four years in pain management and palliative
care for health care professionals practicing in the state; provides
TITLE OF BILL: An act to amend the public health law, in relation to
clinical education in pain management and palliative care
PURPOSE OR GENERAL IDEA OF BILL:,: This bill requires that all health
care practitioners complete course work or training regarding pain
management and palliative care
SUMMARY OF SPECIFIC PROVISIONS:
Section One The Public Health law is amended by adding a new article
Section Two Establishes the effective date.
JUSTIFICATION: Many patients suffer needlessly from debilitating pain
and other symptoms caused by the inadequate treatment of pain or other
symptoms which could be controlled. Many health care professionals are
unaware of the resources available to their patients to relieve
chronic and acute pain and other symptoms. Some are unwilling to use
those resources because they fear that they will be wrongly subjected
to prosecution or professional discipline. This bill will ensure that
health care practitioners stay current on pain management and
palliative care techniques.
PRIOR LEGISLATIVE HISTORY: A.8176 of 2011-2012
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect one year after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made and completed on or before such effective date.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. ROSENTHAL, GOTTFRIED, STEVENSON, ORTIZ -- Multi-
Sponsored by -- M. of A. DINOWITZ, PERRY -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to clinical education
in pain management and palliative care
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 article
2 28-F to read as follows:
3 ARTICLE 28-F
4 PAIN MANAGEMENT AND PALLIATIVE CARE
5 SECTION 2900. CLINICAL EDUCATION IN PAIN MANAGEMENT AND PALLIATIVE CARE.
6 S 2900. CLINICAL EDUCATION IN PAIN MANAGEMENT AND PALLIATIVE CARE. 1.
7 EVERY HEALTH CARE PROFESSIONAL PRACTICING IN THE STATE SHALL, EVERY FOUR
8 YEARS COMPLETE COURSE WORK OR TRAINING REGARDING PAIN MANAGEMENT AND
9 PALLIATIVE CARE, APPROPRIATE TO THE PROFESSIONAL'S PRACTICE, APPROVED BY
10 THE DEPARTMENT IN ACCORDANCE WITH STANDARDS PROMULGATED BY THE COMMIS-
11 SIONER IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION; AND SO DOCU-
12 MENT COMPLETION TO THE DEPARTMENT. AS USED IN THIS SECTION, "HEALTH
13 CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR CERTIFIED TO
14 PRACTICE A HEALTH CARE PROFESSION UNDER TITLE EIGHT OF THE EDUCATION LAW
15 THAT IS DESIGNATED BY REGULATION OF THE COMMISSIONER UNDER THIS SECTION.
16 THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AREAS OF PRACTICE OR
17 SPECIALTY WITHIN A PROFESSION THAT ARE EXEMPT FROM THIS SECTION.
18 2. THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
19 ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO DEMONSTRATES TO THE
20 DEPARTMENT'S SATISFACTION THAT:
21 (A) THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK
22 OR TRAINING BECAUSE OF THE NATURE, AREA OR SPECIALTY OF HIS OR HER PRAC-
23 TICE, OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 1124 2
1 (B) HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
2 DEPARTMENT TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING
3 APPROVED BY THE DEPARTMENT UNDER THIS SECTION.
4 3. EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A NATIONALLY-
5 RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION,
6 OR NATIONALLY-RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE CONSIDERED
7 IN IMPLEMENTING THIS SECTION. CURRICULA SHALL INCLUDE BUT NOT BE LIMITED
8 TO: PALLIATIVE MEDICINE; PAIN; NEUROPSYCHOLOGIC AND OTHER SYMPTOMS;
9 PREVENTING, IDENTIFYING, AND RESPONDING TO ABUSE OF AND ADDICTION TO
10 PRESCRIPTION DRUGS; ETHICS AND THE LAW; PATIENT AND FAMILY PERSPECTIVES
11 ON END-OF-LIFE CARE; ACUPUNCTURE TREATMENT; ADVANCED CARE PLANNING AND
12 CLINICAL COMMUNICATION SKILLS. THE COMMISSIONER SHALL CONSULT WITH
13 ORGANIZATIONS REPRESENTATIVE OF HEALTH CARE PRACTITIONERS, INSTITUTIONS
14 AND THOSE WITH EXPERTISE IN PAIN MANAGEMENT, INCLUDING EXPERTISE IN THE
15 ACUPUNCTURE FIELD, AND PALLIATIVE CARE WITH RESPECT TO THE STANDARDS AND
16 REGULATIONS PROMULGATED UNDER THIS SECTION.
17 4. THE COMMISSIONER, IN DEVELOPING, REVIEWING AND IMPLEMENTING REGU-
18 LATIONS AND STANDARDS UNDER THIS SECTION, AND THE COMMISSIONER OF EDUCA-
19 TION, SHALL CONSULT THE NEW YORK STATE PALLIATIVE CARE EDUCATION AND
20 TRAINING COUNCIL CREATED BY SECTION TWENTY-EIGHT HUNDRED SEVEN-N OF THIS
22 S 2. This act shall take effect one year after it shall have become a
23 law. Effective immediately, the addition, amendment and/or repeal of
24 any rule or regulation necessary for the implementation of this act on
25 its effective date is authorized to be made and completed on or before
26 such effective date.