BILL NO A02471
SAME AS SAME AS S00793
SPONSOR Crespo (MS)
COSPNSR Ramos, Moya, Arroyo, Rodriguez, Espinal, Rivera, Ortiz
MLTSPNSR
Add S6505-d, Ed L; amd SS2805-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.
BILL NUMBER:A2471
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
appropriation 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,
two thousand eleven 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 Section 2805-k(1)(f) of the Public Health Law.
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 section 206 of the Public Health Law by adding a new
subdivision 28. 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
JUSTIFICATION:
The Office of Minority Health and Health Disparities in the U.S.
Centers of Disease Control (CDE) reports that:
* 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;
* Hispanics living in the United States are almost twice as likely to
die from diabetes than non-Hispanic whites; and,
* 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
disparities 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 (2004, New York City Department of Health
and Mental Hygiene) reported that:
* Factors associated with poor health, such as poor access to medical
care, unhealthy behaviors, and poor living conditions, are more common
among certain economic and racial/ethnic groups.
* In every racial/ethnic group, poor New Yorkers are the most likely
to not have received needed medical care in the past year.
* Wealthy New Yorkers are about twice as likely to exercise as poor
New Yorkers.
* 94% of elevated blood lead cases in children in New York City are
among African Americans, Hispanics, and Asians.
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
leads to less than optimal care and addressing these concerns or using
certain cultural competence interventions leads to improved outcomes."
Washington, 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:
A.1434 of 2011, 2009-2010: S.3129 - Referred to Higher
Education/A.8843 - Referred to Higher Education 2007-2008: S.765 -
Referred to Finance
FISCAL IMPLICATIONS:
$100,000 or so much thereof as may be necessary, to be appropriated
from the state treasury.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
2471
2013-2014 Regular Sessions
I N A S S E M B L Y
January 15, 2013
___________
Introduced by M. of A. CRESPO, RAMOS, CASTRO, MOYA, ARROYO, RODRIGUEZ,
ESPINAL, RIVERA, ORTIZ -- read once and referred to the Committee on
Higher Education
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 S 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 FIFTEEN AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK OR
8 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 FIFTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
19 TRAINING IN ACCORDANCE WITH THIS SECTION, PROVIDED, HOWEVER, THAT A
20 PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00403-01-3
A. 2471 2
1 ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K OF THE PUBLIC HEALTH LAW
2 SHALL NOT BE REQUIRED TO SO DOCUMENT.
3 3. THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
4 ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I) CLEARLY DEMONSTRATES
5 TO THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
6 HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF
7 HIS OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
8 TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
9 TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
10 S 2. Paragraph (f) of subdivision 1 of section 2805-k of the public
11 health law, as amended by chapter 477 of the laws of 2008, is amended to
12 read as follows:
13 (f) Documentation that the physician, dentist or podiatrist has
14 completed the course work or training as mandated by section two hundred
15 thirty-nine of this chapter or section six thousand five hundred five-b
16 of the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
17 EDUCATION LAW. A hospital or facility shall not grant or renew profes-
18 sional privileges or association to a physician, dentist, or podiatrist
19 who has not completed such course work or training.
20 S 3. Section 206 of the public health law is amended by adding a new
21 subdivision 29 to read as follows:
22 29. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
23 MENT A STATEWIDE, COMMUNITY-BASED PUBLIC HEALTH EDUCATION PROGRAM TO
24 REDUCE THE ROOT CAUSES OF DISPARITIES IN MINORITY HEALTH CARE. SUCH
25 EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS, PATIENTS
26 AND PATIENT ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
27 WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
28 PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS APPROPRIATED
29 FOR SUCH HEALTH EDUCATION PROGRAM.
30 S 4. The sum of one hundred thousand dollars ($100,000), or so much
31 thereof as may be necessary, is hereby appropriated to the department of
32 health out of any moneys in the state treasury in the general fund to
33 the credit of the state purposes account, not otherwise appropriated,
34 and made immediately available, for such purpose of carrying out the
35 provisions of section three of this act. Such moneys shall be payable on
36 the audit and warrant of the comptroller on vouchers certified or
37 approved by the commissioner of health, or his or her duly designated
38 representative in the manner prescribed by law. No expenditure shall be
39 made from this appropriation until a certificate of approval of avail-
40 ability shall have been issued by the director of the budget and filed
41 with the state comptroller and a copy filed with the chairman of the
42 senate finance committee and the chairman of the assembly ways and means
43 committee. Such certificate may be amended from time to time by the
44 director of the budget and a copy of each such amendment shall be filed
45 with the state comptroller, the chairman of the senate finance committee
46 and the chairman of the assembly ways and means committee.
47 S 5. This act shall take effect immediately.
