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A04515 Summary:

BILL NOA04515
 
SAME ASSAME AS S01352
 
SPONSORRodriguez
 
COSPNSRDickens, Jackson, Davila
 
MLTSPNSRCook, Simon
 
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.
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A04515 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4515
 
SPONSOR: Rodriguez
  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 medical professionals   PURPOSE OR GENERAL IDEA OF BILL: This bill will create a system of Cultural competency Course work and training that will help healthcare Professionals improve their inter- actions with minority patients. In doing so, this bill seeks to improve the quality of healthcare in the State of New York.   SUMMARY OF SPECIFIC PROVISIONS: Add section 6505-d to the education Law to establish training in cultural awareness and competence for Medical professionals. Section 1: 1) Lists medical professionals subject and establishes the content and Requirements for cultural competency training and course work. 2) Defines "acceptable formal continuing education". 3) Establishes reporting requirements by medical professionals. 4) Provides exemptions from cultural competency Course work and train- ing. 5) Establishes a fee of five dollars. 6) Allows the commissioner to promulgate such rules as requires to establish this program successfully, and guards against false reporting from professionals. Section 2: f) Establishes that hospitals and other health care facilities shall not knowingly provide employment to individuals that have not completed the necessary course work and training.   JUSTIFICATION: New York State is one of the most ,diverse states in the nation, with large populations of historically marginalized groups. It is a well-do- cumented fact that often members of these minority groups fare far worse in many indices of health and well-being. Disparities in access to quality health care are one major component of the discrepancies in general health. This bill seeks to close the gap by ensuring that medical professionals that serve minority populations are able to provide culturally sensitive care. By promoting and funding culturally and linguistically sensitive practices by healthcare profes- sionals, the legislature can help to enhance the quality of health care services in underserved communities. This legislation will play a crucial role in ending statewide health disparities among minority popu- lations.   PRIOR LEGISLATIVE HISTORY: 2008: 5.7270 Serrano -.Referred to Higher Education 2009/2010: Senate Reported and Committed to codes. Assembly Referred to Higher Education. 2011-2012; S.2743A 2013-2014: A.9689 2016 A00770/S954-A referred to higher education 2017/18 A626.- referred to Higher Education   FISCAL IMPLICATIONS: No immediate costs to the state. The possibility exists for long term savings in health care costs as minority populations receive better preventative care.   EFFECTIVE DATE: This act shall take effect immediately.
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A04515 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4515
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced by M. of A. RODRIGUEZ -- Multi-Sponsored by -- M. of A. COOK,
          SIMON -- 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 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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03050-01-1

        A. 4515                             2
 
     1  and financial and physical resources  to  provide  continuing  education
     2  courses,  approved by the department, pursuant to the regulations of the
     3  commissioner.  Continuing education may be provided in an internet-based
     4  course format as approved by the department.
     5    3.  Each  such professional shall attest to the department at the time
     6  of registration commencing with the first registration after July first,
     7  two thousand twenty-two that the professional has completed course  work
     8  or training in accordance with this section.
     9    4.  The department shall provide an exemption from this requirement to
    10  anyone who requests such an exemption and who: (i) clearly  demonstrates
    11  to  the department's satisfaction that there would be no need for him or
    12  her to complete such course work or training because of  the  nature  of
    13  his  or  her practice; (ii) has completed course work or training deemed
    14  by the department to be  equivalent  to  the  course  work  or  training
    15  approved by the department pursuant to this section; (iii) has completed
    16  course  work or training pertaining to cultural awareness and competence
    17  which has been incorporated as part of a risk management course  offered
    18  pursuant  to subsection (e) of section two thousand three hundred forty-
    19  three of the insurance law, provided that such educational  content  has
    20  been  approved by the superintendent of financial services; or (iv) is a
    21  medical professional who is on a tour of extended active duty  with  the
    22  armed forces of the United States.
    23    5.  At the beginning of each registration period, a mandatory continu-
    24  ing  education  fee  of five dollars shall be collected from all persons
    25  required to complete the course  work  and  training  required  by  this
    26  section;  provided  that  any  person obtaining an exemption pursuant to
    27  subdivision four of this section shall not be required to pay such  five
    28  dollar  fee.  This fee shall be in addition to all other existing regis-
    29  tration fees.
    30    6. The commissioner is authorized to promulgate regulations to  imple-
    31  ment the provisions of this section.
    32    Any  person  subject  to  the  provisions of this section, who falsely
    33  attests to having completed the required course work or  training  shall
    34  be  subject  to professional misconduct as provided by subdivision twen-
    35  ty-one of section sixty-five hundred thirty of this title  and  subdivi-
    36  sion nine of section sixty-five hundred nine of this title.
    37    §  2.  Paragraph  (f) of subdivision 1 of section 2805-k of the public
    38  health law, as amended by chapter 477 of the laws of  2008,  is  amended
    39  and a new subdivision 5 is added to read as follows:
    40    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
    41  completed the course work or training as mandated by section two hundred
    42  thirty-nine of this chapter or section [six  thousand  five]  sixty-five
    43  hundred five-b of the education law or section sixty-five hundred five-d
    44  of  the  education law.  A hospital or facility shall not grant or renew
    45  professional privileges or  association  to  a  physician,  dentist,  or
    46  podiatrist who has not completed such course work or training.  A hospi-
    47  tal  or  facility shall not knowingly grant or renew professional privi-
    48  leges or association to anyone  required  to  complete  course  work  or
    49  training  unless  said person has attested to having taken such required
    50  course work or training.
    51    5. Prior to hiring or otherwise granting  privileges  to  a  physician
    52  assistant,  registered nurse, licensed practical nurse or optometrist or
    53  a hospital or facility approved pursuant to this article  shall  request
    54  from  such  person documentation that he or she has completed the course
    55  work or training as mandated by section sixty-five hundred five-d of the
    56  education law. A hospital or facility shall not hire or otherwise  grant

        A. 4515                             3
 
     1  privileges  to a physician assistant, registered nurse, licensed practi-
     2  cal nurse or optometrist who has  not  completed  such  course  work  or
     3  training.
     4    § 3.  This act shall take effect immediately.
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