•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09828 Summary:

BILL NOA09828A
 
SAME ASSAME AS S01352
 
SPONSORCruz
 
COSPNSRGibbs
 
MLTSPNSR
 
Add §6505-d, Ed L; amd §2805-k, Pub Health L
 
Requires cultural awareness and competence training for medical professionals, including two hours of course work encompassing minority healthcare issues.
Go to top

A09828 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9828--A
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Higher Education -- 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 medical
          professionals

          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 nurse prac-
     6  titioner practicing in the state who provides direct medical services to
     7  patients  in  this  state  shall,  on or before July first, two thousand
     8  twenty-two and every registration  period  thereafter,  complete  course
     9  work  or  training  regarding  cultural  awareness and competence in the
    10  provision of medical services in accordance with    regulated  standards
    11  promulgated  by  the  department, in consultation with the department of
    12  health. Such cultural awareness and competence course work  or  training
    13  shall require two hours of course work or training encompassing minority
    14  healthcare issues including ethnic, religious, linguistic, sexual orien-
    15  tation and gender identity healthcare issues and their impact on minori-
    16  ty  healthcare.  In  promulgating  regulatory standards pursuant to this
    17  section the department is advised to consult with  organizations  repre-
    18  sentative  of  professions,  institutions  and  those  with expertise in
    19  cultural awareness and competence.
    20    2. As used in this section, "acceptable formal  continuing  education"
    21  shall  mean formal programs of learning which contribute to professional
    22  practice and which meet the standards prescribed by regulations  of  the
    23  commissioner. To fulfill the mandatory continuing education requirement,
    24  programs  must  be taken from sponsors having the facilities, equipment,
    25  and financial and physical resources  to  provide  continuing  education
    26  courses,  approved by the department, pursuant to the regulations of the
    27  commissioner.  Continuing education may be provided in an internet-based
    28  course format as approved by the department.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03050-03-2

        A. 9828--A                          2
 
     1    3. Each such professional shall attest to the department at  the  time
     2  of registration commencing with the first registration after July first,
     3  two  thousand twenty-two that the professional has completed course work
     4  or training in accordance with this section.
     5    4.  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; (ii) has completed course work or training deemed
    10  by the department to be  equivalent  to  the  course  work  or  training
    11  approved by the department pursuant to this section; (iii) has completed
    12  course  work or training pertaining to cultural awareness and competence
    13  which has been incorporated as part of a risk management course  offered
    14  pursuant  to subsection (e) of section two thousand three hundred forty-
    15  three of the insurance law, provided that such educational  content  has
    16  been  approved by the superintendent of financial services; or (iv) is a
    17  medical professional who is on a tour of extended active duty  with  the
    18  armed forces of the United States.
    19    5.  At the beginning of each registration period, a mandatory continu-
    20  ing  education  fee  of five dollars shall be collected from all persons
    21  required to complete the course  work  and  training  required  by  this
    22  section;  provided  that  any  person obtaining an exemption pursuant to
    23  subdivision four of this section shall not be required to pay such  five
    24  dollar  fee.  This fee shall be in addition to all other existing regis-
    25  tration fees.
    26    6. The commissioner is authorized to promulgate regulations to  imple-
    27  ment the provisions of this section.
    28    Any  person  subject  to  the  provisions of this section, who falsely
    29  attests to having completed the required course work or  training  shall
    30  be  subject  to professional misconduct as provided by subdivision twen-
    31  ty-one of section sixty-five hundred thirty of this title  and  subdivi-
    32  sion nine of section sixty-five hundred nine of this title.
    33    §  2.  Paragraph  (f) of subdivision 1 of section 2805-k of the public
    34  health law, as amended by chapter 477 of the laws of  2008,  is  amended
    35  and a new subdivision 5 is added to read as follows:
    36    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
    37  completed the course work or training as mandated by section two hundred
    38  thirty-nine of this chapter or section [six  thousand  five]  sixty-five
    39  hundred five-b of the education law or section sixty-five hundred five-d
    40  of  the  education law.  A hospital or facility shall not grant or renew
    41  professional privileges or  association  to  a  physician,  dentist,  or
    42  podiatrist who has not completed such course work or training.  A hospi-
    43  tal  or  facility shall not knowingly grant or renew professional privi-
    44  leges or association to anyone  required  to  complete  course  work  or
    45  training  unless  said person has attested to having taken such required
    46  course work or training.
    47    5. Prior to hiring or otherwise granting  privileges  to  a  physician
    48  assistant,  registered nurse, licensed practical nurse or optometrist or
    49  a hospital or facility approved pursuant to this article  shall  request
    50  from  such  person documentation that he or she has completed the course
    51  work or training as mandated by section sixty-five hundred five-d of the
    52  education law. A hospital or facility shall not hire or otherwise  grant
    53  privileges  to a physician assistant, registered nurse, licensed practi-
    54  cal nurse or optometrist who has  not  completed  such  course  work  or
    55  training.
    56    § 3.  This act shall take effect immediately.
Go to top