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A01124 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1124

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    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.
                                                                  LBD05030-01-3
       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
   21  CHAPTER.
   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.
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