A09067 Summary:

BILL NOA09067
 
SAME ASSAME AS S07132
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add 6505-d, amd 7607, 7710, 8412, 6742-a, 7908 & 6554-a, Ed L
 
Relates to requiring opioid training for medical professionals to reduce patient opioid abuse and reliance including nurses, nurse practitioners, psychologists, certain social workers, mental health counselors, marriage and family therapists, psychoanalysts, physical therapists, physical therapist assistants, and occupational therapists.
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A09067 Actions:

BILL NOA09067
 
01/15/2020referred to higher education
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A09067 Committee Votes:

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A09067 Floor Votes:

There are no votes for this bill in this legislative session.
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A09067 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9067
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the education law, in relation to requiring opioid training for medical professionals to reduce patient opioid abuse and reliance   PURPOSE: This bill would require certain physical and mental health professionals to complete two hours of continuing education in the areas of pain management and substance use disorders as part of their existing contin- uing education requirements.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the education law by adding a new section 6505-d. Section two amends the education law by adding a new subdivision 2-a to section 7607. Section three amends the education law by adding a new subdivision 2-a to section 7710. Section four amends the education law by adding a new subdivision 2-a to section 8412. Section five amends the education law by adding a new subdivision 2-a to section 6742-a. Section six amends the education law by adding a new subdivision 2-a to section 7908. Section seven amends the education law by adding a new subdivision 2-a to section 6554-a. Section eight establishes the effective date.   JUSTIFICATION: New York is in the midst of an overdose epidemic. In 2018, 3,268 New Yorkers died from an opioid related overdose. The current epidemic is rapidly evolving as deaths related to overprescribing of opioids decrease, while both substance misuse and deaths caused by other drugs, including fentanyl, cocaine and methamphetamine have increased signif- icantly in recent years. Physical and mental health professionals interact regularly with indi- viduals at high risk of developing a substance use disorder and of over- dosing. These professionals also regularly interact with individuals struggling with pain. Yet, most physical and mental health professionals receive little to no training on responding to either pain or signs of substance misuse. This results in countless missed opportunities to intervene before a person's substance use worsens. Additionally, because substance use disorders are a major driver of medical expenses, these missed opportunities result in significantly higher financial costs to the State. Pain management and substance use disorder are areas where both the nature of the need and the best practices for responding to these needs continue to evolve. The proposed legislation would require individuals working in a number of physical and mental health professions to complete two hours of continuing education as part of their existing continuing education requirements. This education could save lives, improve health, and save the State millions of dollars. It could also contribute to reducing the continued stigma against individuals who use drugs, which remains ramp- ant in both the physical and mental health professions.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Undetermined   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
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A09067 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9067
 
                   IN ASSEMBLY
 
                                    January 15, 2020
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Higher Education
 
        AN ACT to amend the education  law,  in  relation  to  requiring  opioid
          training  for medical professionals to reduce patient opioid abuse and
          reliance
 
          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 to address patient substance use
     4  disorders. 1.   Every registered nurse, licensed  practical  nurse,  and
     5  nurse  practitioner  practicing in the state who provides direct medical
     6  services to patients in this state shall, on or before July  first,  two
     7  thousand  twenty-one  and every registration period thereafter, complete
     8  at least two hours of course work or training  on  ways  to  prevent  or
     9  address  patient  substance  use  disorder  in  the provision of medical
    10  services in accordance  with  regulated  standards  promulgated  by  the
    11  department, in consultation with the department of health and the office
    12  of  addiction  services  and supports. Such training shall be updated as
    13  necessary according to best  practices  for  providing  patient-centered
    14  care  with  consideration  given  to  social  determinants of health and
    15  co-occurring disorders. Course work or training shall include,  but  not
    16  be  limited  to: techniques for managing pain; prevention, screening and
    17  signs of substance use disorders; appropriate responses to substance use
    18  disorders; techniques that will reduce the likelihood  of  overdose  and
    19  the  spread  of blood-borne diseases by those who use drugs; and medica-
    20  tions used for the treatment of substance use disorders. In promulgating
    21  regulatory standards pursuant to this section the department is  advised
    22  to  consult  with  organizations  representative  of professions, insti-
    23  tutions and those with expertise in harm reduction strategies and in the
    24  treatment of substance use disorders.
    25    2. As used in this section, "acceptable formal  continuing  education"
    26  shall  mean formal programs of learning which contribute to professional
    27  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.
                                                                   LBD14692-02-0

        A. 9067                             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-one 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:
    13    a. clearly demonstrates to the department's  satisfaction  that  there
    14  would be no need for him or her to complete such course work or training
    15  because of the nature of his or her practice;
    16    b.  has  completed course work or training deemed by the department to
    17  be equivalent to the course work or training approved by the  department
    18  pursuant to this section; or
    19    c.  is a medical professional who is on a tour of extended active duty
    20  with the armed forces of the United States.
    21    5. The commissioner is authorized to promulgate regulations to  imple-
    22  ment the provisions of this section.
    23    6.  Any  person subject to the provisions of this section, who falsely
    24  attests to having completed the required course work or  training  shall
    25  be  subject  to professional misconduct as provided by subdivision twen-
    26  ty-one of section sixty-five hundred thirty of this title  and  subdivi-
    27  sion nine of section sixty-five hundred nine of this title.
    28    §  2.  Section  7607  of  the education law is amended by adding a new
    29  subdivision 2-a to read as follows:
    30    2-a. Every psychologist practicing in  the  state  shall  complete  at
    31  least two hours of course work or training, as part of mandatory contin-
    32  uing education requirements, on ways to prevent or address substance use
    33  disorder  in  the provision of psychological services in accordance with
    34  regulated standards promulgated by the department, in consultation  with
    35  the  department  of  health  and  the  office  of addiction services and
    36  supports. Such training shall be updated as necessary according to  best
    37  practices  for providing patient-centered care.  Course work or training
    38  shall include, but not  be  limited  to:  pain  management;  prevention,
    39  screening and signs of substance use disorders; appropriate responses to
    40  substance  use disorders; and harm reduction strategies. In promulgating
    41  regulatory standards pursuant to this section the department is  advised
    42  to  consult  with  organizations  representative  of professions, insti-
    43  tutions and those with expertise in harm reduction strategies and in the
    44  treatment of substance use disorders.
    45    § 3. Section 7710 of the education law is  amended  by  adding  a  new
    46  subdivision 2-a to read as follows:
    47    2-a.  Every  licensed master social worker or licensed clinical social
    48  worker practicing in the state shall complete  at  least  two  hours  of
    49  course  work  or  training,  as  part  of mandatory continuing education
    50  requirements, on ways to prevent or address substance  use  disorder  in
    51  accordance  with  regulated  standards promulgated by the department, in
    52  consultation with the department of health and the office  of  addiction
    53  services  and  supports.  Such  training  shall  be updated as necessary
    54  according to best practices for providing patient-centered care.  Course
    55  work  or training shall include, but not be limited to: pain management;
    56  prevention, screening and signs of substance use disorders;  appropriate

        A. 9067                             3
 
     1  responses  to substance use disorders; and harm reduction strategies. In
     2  promulgating regulatory standards pursuant to this section  the  depart-
     3  ment   is  advised  to  consult  with  organizations  representative  of
     4  professions,  institutions  and  those  with expertise in harm reduction
     5  strategies and in the treatment of substance use disorders.
     6    § 4. Section 8412 of the education law is  amended  by  adding  a  new
     7  subdivision 2-a to read as follows:
     8    2-a. Every licensed mental health counselor, marriage and family ther-
     9  apist, and psychoanalyst practicing in the state shall complete at least
    10  two  hours  of  course work or training, as part of mandatory continuing
    11  education requirements, on ways to  prevent  or  address  substance  use
    12  disorder  in  accordance  with  regulated  standards  promulgated by the
    13  department, in consultation with the department of health and the office
    14  of addiction services and supports. Such training shall  be  updated  as
    15  necessary  according  to  best  practices for providing patient-centered
    16  care. Course work or training shall include, but not be limited to: pain
    17  management; prevention, screening and signs of substance use  disorders;
    18  appropriate  responses  to  substance  use disorders; and harm reduction
    19  strategies.  In  promulgating  regulatory  standards  pursuant  to  this
    20  section  the  department is advised to consult with organizations repre-
    21  sentative of professions, institutions and those with expertise in  harm
    22  reduction strategies and in the treatment of substance use disorders.
    23    §  5.  Section  6742-a of the education law is amended by adding a new
    24  subdivision 2-a to read as follows:
    25    2-a. Every licensed physical therapist and certified  physical  thera-
    26  pist assistant practicing in the state shall complete at least two hours
    27  of  course  work  or training, as part of mandatory continuing education
    28  requirements, on ways to prevent or address substance  use  disorder  in
    29  accordance  with  regulated  standards promulgated by the department, in
    30  consultation with the department of health and the office  of  addiction
    31  services  and  supports.  Such  training  shall  be updated as necessary
    32  according to best practices for providing patient-centered care.  Course
    33  work  or training shall include, but not be limited to: pain management,
    34  prevention, screening and signs of substance use disorders;  appropriate
    35  responses  to substance use disorders; and harm reduction strategies. In
    36  promulgating regulatory standards pursuant to this section  the  depart-
    37  ment   is  advised  to  consult  with  organizations  representative  of
    38  professions, institutions and those with  expertise  in  harm  reduction
    39  strategies and in the treatment of substance use disorders.
    40    §  6.  Section  7908  of  the education law is amended by adding a new
    41  subdivision 2-a to read as follows:
    42    (2-a) Every occupational  therapist  practicing  in  the  state  shall
    43  complete  at  least  two  hours  of  course work or training, as part of
    44  mandatory continuing education  requirements,  on  ways  to  prevent  or
    45  address  substance  use  disorder in accordance with regulated standards
    46  promulgated by the department, in consultation with  the  department  of
    47  health  and the office of addiction services and supports. Such training
    48  shall be updated as necessary according to best practices for  providing
    49  patient-centered care. Course work or training shall include, but not be
    50  limited  to:    pain  management;  prevention,  screening  and  signs of
    51  substance use disorders; appropriate responses to substance  use  disor-
    52  ders;  and  harm reduction strategies. In promulgating regulatory stand-
    53  ards pursuant to this section the department is advised to consult  with
    54  organizations representative of professions, institutions and those with
    55  expertise in harm reduction strategies and in the treatment of substance
    56  use disorders.

        A. 9067                             4
 
     1    §  7.   Section 6554-a of the education law is amended by adding a new
     2  subdivision 2-a to read as follows:
     3    2-a.  Every  chiropractor  practicing  in  the state shall complete at
     4  least two hours of course work or training, as part of mandatory contin-
     5  uing education requirements, on ways to prevent or address substance use
     6  disorder in accordance  with  regulated  standards  promulgated  by  the
     7  department, in consultation with the department of health and the office
     8  of  addiction  services  and supports. Such training shall be updated as
     9  necessary according to best  practices  for  providing  patient-centered
    10  care. Course work or training shall include, but not be limited to: pain
    11  management;  prevention, screening and signs of substance use disorders;
    12  appropriate responses to substance use  disorders;  and  harm  reduction
    13  strategies.  In  promulgating  regulatory  standards  pursuant  to  this
    14  section the department is advised to consult with  organizations  repre-
    15  sentative  of professions, institutions and those with expertise in harm
    16  reduction strategies and in the treatment of substance use disorders.
    17    § 8.  This act shall take effect on  the  one  hundred  eightieth  day
    18  after it shall have become a law; provided, however, section two of this
    19  act shall take effect on the same date and in the same manner as chapter
    20  436 of the laws of 2018, takes effect.
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