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S01063 Summary:

BILL NOS01063
 
SAME ASSAME AS A00319
 
SPONSORSERRANO
 
COSPNSRBAILEY, HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY, RIVERA, WEBB
 
MLTSPNSR
 
Add §6505-f, Ed L; amd §2805-k, Pub Health L
 
Requires cultural awareness and competence training for medical professionals, including two hours of course work or training encompassing minority healthcare issues; provides an exemption for certain individuals; requires hospitals and facilities to request documentation of the completion of training from employees and prospective employees.
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S01063 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1063
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens.  SERRANO, BAILEY, HOYLMAN-SIGAL, JACKSON, KRUEGER,
          MAY, RIVERA, WEBB -- read twice and ordered printed, and when  printed
          to be committed 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 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-f
     2  to read as follows:
     3    §  6505-f.  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-six 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00464-01-5

        S. 1063                             2
 
     1  commissioner. To fulfill the mandatory continuing education requirement,
     2  programs  must  be taken from sponsors having the facilities, equipment,
     3  and financial and physical resources  to  provide  continuing  education
     4  courses,  approved by the department, pursuant to the regulations of the
     5  commissioner.  Continuing education may be provided in an internet-based
     6  course format as approved by the department.
     7    3. Each such professional shall attest to the department at  the  time
     8  of registration commencing with the first registration after July first,
     9  two  thousand twenty-six that the professional has completed course work
    10  or training in accordance with this section.
    11    4. The department shall provide an exemption from this requirement  to
    12  anyone  who requests such an exemption and who: (i) clearly demonstrates
    13  to the department's satisfaction that there would be  no  need  for  the
    14  requestor to complete such course work or training because of the nature
    15  of  the requestor's practice; (ii) has completed course work or training
    16  deemed by the department to be equivalent to the course work or training
    17  approved by the department pursuant to this section; (iii) has completed
    18  course work or training pertaining to cultural awareness and  competence
    19  which  has been incorporated as part of a risk management course offered
    20  pursuant to subsection (e) of section two thousand three hundred  forty-
    21  three  of  the insurance law, provided that such educational content has
    22  been approved by the superintendent of financial services; or (iv) is  a
    23  medical  professional  who is on a tour of extended active duty with the
    24  armed forces of the United States.
    25    5.  At the beginning of each registration period, a mandatory continu-
    26  ing education fee of five dollars shall be collected  from  all  persons
    27  required  to  complete  the  course  work  and training required by this
    28  section; provided that any person obtaining  an  exemption  pursuant  to
    29  subdivision  four of this section shall not be required to pay such five
    30  dollar fee. This fee shall be in addition to all other  existing  regis-
    31  tration fees.
    32    6.  The commissioner is authorized to promulgate regulations to imple-
    33  ment the provisions of this section.
    34    Any person subject to the provisions  of  this  section,  who  falsely
    35  attests  to  having completed the required course work or training shall
    36  be subject to professional misconduct as provided by  subdivision  twen-
    37  ty-one  of  section sixty-five hundred thirty of this title and subdivi-
    38  sion nine of section sixty-five hundred nine of this title.
    39    § 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
    40  health  law,  as  amended by chapter 477 of the laws of 2008, is amended
    41  and a new subdivision 5 is added to read as follows:
    42    (f) Documentation  that  the  physician,  dentist  or  podiatrist  has
    43  completed the course work or training as mandated by section two hundred
    44  thirty-nine  of  this  chapter or section [six thousand five] sixty-five
    45  hundred five-b of the education law or section sixty-five hundred five-f
    46  of the education law.  A hospital or facility shall not grant  or  renew
    47  professional  privileges  or  association  to  a  physician, dentist, or
    48  podiatrist who has not completed such course work or training.  A hospi-
    49  tal or facility shall not knowingly grant or renew  professional  privi-
    50  leges  or  association  to  anyone  required  to complete course work or
    51  training unless said person has attested to having taken  such  required
    52  course work or training.
    53    5.  Prior  to  hiring  or otherwise granting privileges to a physician
    54  assistant, registered nurse, licensed practical nurse or optometrist  or
    55  a  hospital  or facility approved pursuant to this article shall request
    56  from such person documentation that the person has completed the  course

        S. 1063                             3

     1  work or training as mandated by section sixty-five hundred five-f of the
     2  education  law. A hospital or facility shall not hire or otherwise grant
     3  privileges to a physician assistant, registered nurse, licensed  practi-
     4  cal  nurse  or  optometrist  who  has  not completed such course work or
     5  training.
     6    § 3.  This act shall take effect immediately.
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