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.
STATE OF NEW YORK
________________________________________________________________________
3129
2009-2010 Regular Sessions
IN SENATE
March 11, 2009
___________
Introduced by Sens. DIAZ, DILAN, DUANE, HASSELL-THOMPSON, MONTGOMERY,
OPPENHEIMER, PARKER, SAVINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
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 § 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 nine 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 nine 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.
LBD04830-01-9
S. 3129 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 § 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 § 3. Section 206 of the public health law is amended by adding a new
21 subdivision 26 to read as follows:
22 26. 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 § 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 § 5. This act shall take effect immediately.
