A02471 Summary:

BILL NO    A02471A

SAME AS    SAME AS S00793-A

SPONSOR    Crespo (MS)

COSPNSR    Ramos, Moya, Arroyo, Rodriguez, 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.
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A02471 Actions:

BILL NO    A02471A

01/15/2013 referred to higher education
01/08/2014 referred to higher education
01/22/2014 amend and recommit to higher education
01/22/2014 print number 2471a
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A02471 Votes:

There are no votes for this bill in this legislative session.
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A02471 Memo:

BILL NUMBER:A2471A

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,
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
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: 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
neighborhoods 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
prematurely 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." 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:
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: S.765 - Referred to Finance

FISCAL IMPLICATIONS:  S100,000 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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A02471 Text:

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

                                        2471--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 15, 2013
                                      ___________

       Introduced  by  M. of A. CRESPO, RAMOS, MOYA, ARROYO, RODRIGUEZ, RIVERA,
         ORTIZ -- 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    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 SIXTEEN 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 SIXTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK  OR
   19  TRAINING  IN  ACCORDANCE  WITH  THIS  SECTION, PROVIDED, HOWEVER, THAT A

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00403-03-4
       A. 2471--A                          2

    1  PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)  OF  SUBDIVISION
    2  ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-K OF THE PUBLIC HEALTH LAW
    3  SHALL NOT BE REQUIRED TO SO DOCUMENT.
    4    3.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
    5  ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I)  CLEARLY  DEMONSTRATES
    6  TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
    7  HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
    8  HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
    9  TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
   10  TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
   11    S 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
   12  health law, as amended by chapter 477 of the laws of 2008, is amended to
   13  read as follows:
   14    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
   15  completed the course work or training as mandated by section two hundred
   16  thirty-nine of this chapter or section six thousand five hundred  five-b
   17  of  the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
   18  EDUCATION LAW.  A hospital or facility shall not grant or renew  profes-
   19  sional  privileges or association to a physician, dentist, or podiatrist
   20  who has not completed such course work or training.
   21    S 3. Section 206 of the public health law is amended by adding  a  new
   22  subdivision 29 to read as follows:
   23    29.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
   24  MENT A STATEWIDE, COMMUNITY-BASED PUBLIC  HEALTH  EDUCATION  PROGRAM  TO
   25  REDUCE  THE  ROOT  CAUSES  OF  DISPARITIES IN MINORITY HEALTH CARE. SUCH
   26  EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS,  PATIENTS
   27  AND  PATIENT  ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
   28  WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
   29  PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS  APPROPRIATED
   30  FOR SUCH HEALTH EDUCATION PROGRAM.
   31    S  4.  The  sum of one hundred thousand dollars ($100,000), or so much
   32  thereof as may be necessary, is hereby appropriated to the department of
   33  health out of any moneys in the state treasury in the  general  fund  to
   34  the  credit  of  the state purposes account, not otherwise appropriated,
   35  and made immediately available, for such purpose  of  carrying  out  the
   36  provisions of section three of this act. Such moneys shall be payable on
   37  the  audit  and  warrant  of  the  comptroller  on vouchers certified or
   38  approved by the commissioner of health, or his or  her  duly  designated
   39  representative  in the manner prescribed by law. No expenditure shall be
   40  made from this appropriation until a certificate of approval  of  avail-
   41  ability  shall  have been issued by the director of the budget and filed
   42  with the state comptroller and a copy filed with  the  chairman  of  the
   43  senate finance committee and the chairman of the assembly ways and means
   44  committee.  Such  certificate  may  be  amended from time to time by the
   45  director of the budget and a copy of each such amendment shall be  filed
   46  with the state comptroller, the chairman of the senate finance committee
   47  and the chairman of the assembly ways and means committee.
   48    S 5. This act shall take effect immediately.
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