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A05044 Summary:

COSPNSRSantabarbara, Montesano, Hunter, Griffin, Epstein, Fahy, Clark, Gunther, Aubry, Kelles, Norris, DeStefano, Brabenec, Simon, Gibbs, Jacobson, Sillitti, Buttenschon, Hevesi, Paulin, McDonald, Cruz, Abinanti, Englebright, Lavine, Gottfried, Cunningham, Weprin, Woerner, Eichenstein, Gonzalez-Rojas, Taylor, Pretlow, Walker, Jean-Pierre, Dickens, Giglio JM, Seawright, Thiele, Hyndman, Mikulin, Lawler, Miller B, Gandolfo, Gallahan, Schmitt, Fitzpatrick
MLTSPNSRBronson, Steck
Amd Ed L, generally; amd §413, Soc Serv L
Relates to the licensure of athletic trainers; adds athletic trainers to the list of persons and officials required to report cases of suspected child abuse or maltreatment.
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A05044 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 10, 2021
          BRABENEC -- Multi-Sponsored by -- M. of A. BRONSON, STECK -- read once
          and  referred  to  the  Committee  on  Higher  Education  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Higher  Education
          in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
        AN  ACT  to  amend  the  education  law, in relation to the licensure of
          athletic trainers; and to amend the social services law,  in  relation
          to  adding  athletic  trainers  to  the  list of persons and officials
          required to report cases of suspected child abuse or maltreatment
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  8351 of the education law, as amended by chapter
     2  658 of the laws of 1993, is amended to read as follows:
     3    § 8351. Definition of the practice of athletic training.  [As used  in
     4  this article
     5    "athletic  trainer"  means any person who is duly certified in accord-
     6  ance with this article to perform athletic  training  under  the  super-
     7  vision  of  a  physician  and  limits  his  or her practice to secondary
     8  schools, institutions of postsecondary education, professional  athletic
     9  organizations,  or  a  person who, under the supervision of a physician,
    10  carries  out  comparable  functions  on  orthopedic  athletic  injuries,
    11  excluding  spinal  cord  injuries, in a health care organization. Super-
    12  vision of an athletic trainer by a physician  shall  be  continuous  but
    13  shall  not be construed as requiring the physical presence of the super-
    14  vising  physician  at  the  time  and  place  where  such  services  are
    15  performed.]  1.  Definition.  The practice of the profession of athletic
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5044--B                          2
     1  training is performed by licensed athletic trainers who are health  care
     2  providers, and is defined as:
     3    (a)  The prevention, recognition, examination, evaluation, assessment,
     4  management, treatment and rehabilitation of athletic injuries that occur
     5  in active individuals.   Athletic  training  involves  the  recognition,
     6  evaluation,  and assistance in the management of sport-related illnesses
     7  and medical conditions in active individuals, pursuant to  the  athletic
     8  trainer's education, experience, and competencies.
     9    (b)  The  work of athletic training is performed under the supervision
    10  of a physician pursuant to a  standard  written  protocol  for  athletic
    11  training  services.  Supervision  by a physician shall be continuous but
    12  shall not be construed as requiring the physical presence of the  super-
    13  vising  physician  at  the  time  and  place  where  such  services  are
    14  performed.
    15    (c) The practice of athletic training may include use of various clin-
    16  ically appropriate therapeutic modalities and techniques.    Such  clin-
    17  ically appropriate therapeutic modalities and techniques include the use
    18  of  physical,  chemical,  and  mechanical  means including, use of heat,
    19  cold, light, air, water, sound, electricity,  massage,  and  therapeutic
    20  exercise. Such clinically appropriate therapeutic modalities may include
    21  appropriate preventative and supportive devices and/or temporary splint-
    22  ing  or  bracing.    Such  clinically appropriate therapeutic modalities
    23  include the evaluation and assessment to  determine  treatment,  and  to
    24  assist  in  the  planning  of  rehabilitation for recovery and return to
    25  activity.
    26    (d) The scope of work described [herein  shall  not  be  construed  as
    27  authorizing  the  reconditioning  of  neurologic injuries, conditions or
    28  disease] in this section shall  not  be  construed  as  authorizing  the
    29  management  and  treatment  of  acute, subacute, or chronic neurological
    30  pathologies and comorbidities or neurological disease processes with the
    31  exception of initial evaluation  and  triage  of  emergent  neurological
    32  conditions  such as potential concussions, spinal cord injuries or nerve
    33  injuries resulting from participation in an athletic endeavor.  Once the
    34  individual has been cleared by a supervising physician, after sustaining
    35  such an injury, the athletic trainer  shall  work  with  the  individual
    36  pursuant  to standard written protocol to manage, monitor and treat such
    37  injuries for participation in rehabilitation for an athletic endeavor.
    38    (e) Athletic training includes education and instruction  to  coaches,
    39  athletes, active individuals, parents, medical personnel and communities
    40  in  the area of care and prevention of athletic injuries, sports-related
    41  illnesses and medical conditions.
    42    2. Boundaries of professional practice.
    43    (a) Any individual whose license or authority to practice derives from
    44  the provisions of this article shall be practicing beyond the boundaries
    45  of professional practice,  if  such  individual  provides  services  not
    46  authorized pursuant to the standard written protocol and such individual
    47  shall  be  prohibited  from  prescribing  any  medication  or controlled
    48  substance or performing surgery, suturing, or any  invasive  procedures,
    49  in  which  human tissue is cut, altered, or otherwise pierced by mechan-
    50  ical or other means, including needles,  except  that  nothing  in  this
    51  section  shall  be construed to prohibit the use of an epinephrine auto-
    52  injector device or glucometer pursuant to section  three  thousand-c  of
    53  the public health law.
    54    (b)  The  standard  written protocol shall include explicit provisions
    55  for the resolution of any disagreement between the supervising physician
    56  and the athletic trainer. To the extent the  standard  written  protocol

        A. 5044--B                          3
     1  does  not  so  provide,  then the supervising physician's decision shall
     2  prevail.
     3    §  2.  Section 8352 of the education law, as amended by chapter 658 of
     4  the laws of 1993, is amended to read as follows:
     5    § 8352. [Definition of practice of] Definitions  related  to  athletic
     6  training.    [The  practice  of  the  profession of athletic training is
     7  defined as the application of principles,  methods  and  procedures  for
     8  managing  athletic  injuries,  which  shall include the preconditioning,
     9  conditioning and reconditioning of an individual  who  has  suffered  an
    10  athletic injury through the use of appropriate preventative and support-
    11  ive  devices,  under  the  supervision  of  a  physician and recognizing
    12  illness and referring  to  the  appropriate  medical  professional  with
    13  implementation  of  treatment  pursuant  to physician's orders. Athletic
    14  training includes instruction to  coaches,  athletes,  parents,  medical
    15  personnel and communities in the area of care and prevention of athletic
    16  injuries.
    17    The scope of work described herein shall not be construed as authoriz-
    18  ing  the  reconditioning of neurologic injuries, conditions or disease.]
    19  As used in this article, the following terms shall  have  the  following
    20  meanings:
    21    1.  "emergent"  shall  mean  a serious, unexpected and often dangerous
    22  situation requiring immediate action.
    23    2. "supervision" shall mean oversight by  a  physician  and  shall  be
    24  continuous but shall not be construed as requiring the physical presence
    25  of  the  supervising physician at the time and place where such services
    26  are performed, and shall further include use of standard written  proto-
    27  cols  for  athletic training services developed in consultation with the
    28  supervising physician.
    29    3. "sport-related illnesses and medical  conditions"  shall  mean  any
    30  emergent  disease,  disorder, sickness or affliction that arises from or
    31  is an acute manifestation of an active individual's participation in  an
    32  exercise, a sport, a game, or a recreational activity, or other emergent
    33  condition  that may require immediate intervention by an athletic train-
    34  er, acting with the consent and under the direction of a physician.
    35    4. "athletic endeavor" shall  include  training,  adaptive  athletics,
    36  physical  activity,  performing  arts,  public protection, and emergency
    37  services.
    38    5. "standard written protocol" shall mean written protocols, recommen-
    39  dations, or guidelines to  work  with  active  individuals  who  require
    40  athletic  training  services  and that: (a) are created in collaboration
    41  with the licensed athletic trainer and the supervising physician and are
    42  signed in agreement by the licensed athletic trainer and the supervising
    43  physician; (b)  are  followed  by  a  licensed  athletic  trainer  while
    44  performing  athletic training with the consent of, and when not directly
    45  supervised onsite,  by  the  supervising  physician;  (c)  are  annually
    46  reviewed  and renewed by the supervising physician and licensed athletic
    47  trainer to ensure quality care; (d) require the availability of  ongoing
    48  communication between the supervising physician and the licensed athlet-
    49  ic trainer; and (e) include a plan for emergency situations, appropriate
    50  treatment  and  rehabilitation  for  specific injuries or illnesses that
    51  result from athletic endeavors, and instructions for the  treatment  and
    52  management of spinal cord injuries.
    53    6.  "active  individual" shall mean one who engages in activities that
    54  require a high degree of physical exertion, that  involve  training  and
    55  where injury occurs during such training or athletic endeavor, including
    56  athletic  individuals,  performing  artists  and individuals involved in

        A. 5044--B                          4

     1  public protection, emergency services, or individuals involved in  adap-
     2  tive athletics.
     3    7.  "athletic  injury"  shall mean any injury sustained as a result of
     4  participation in an exercise, a sport, a game, a  recreational  activity
     5  or  any other activity that requires a level of strength, flexibility or
     6  agility that is comparable agility required for an exercise, a sport,  a
     7  game or a recreational activity.
     8    § 3. Section 8353 of the education law, as added by chapter 798 of the
     9  laws of 1992, is amended to read as follows:
    10    § 8353. Use  of  the  title  "[certified]  licensed athletic trainer".
    11  Only a person [certified] licensed or otherwise  authorized  under  this
    12  article  shall  practice  athletic  training  or use the title "athletic
    13  trainer" or "[certified] licensed athletic trainer" or the  abbreviation
    14  "AT"  or "LAT" in connection with his or her name or with any trade name
    15  in the conduct of his or her profession.
    16    § 4. Section 8354 of the education law, as added by chapter 798 of the
    17  laws of 1992, is amended to read as follows:
    18    § 8354. State committee for athletic trainers.  A state committee  for
    19  athletic  trainers  shall be appointed by the board of regents, upon the
    20  recommendation of the  commissioner  and  shall  assist  on  matters  of
    21  [certification]   professional  licensing,  professional  practice,  and
    22  professional conduct  in  accordance  with  section  six  thousand  five
    23  hundred eight of this title. The committee shall consist of [five] seven
    24  members  [who],  five of whom are athletic trainers [certified] licensed
    25  in this state, one physician who is licensed in the state  of  New  York
    26  and  certified  by  a  physician  specialty  certification  organization
    27  acceptable to the department in the specialties of  orthopedic  surgery,
    28  primary  care,  family  practice, sports medicine, or neurology, and one
    29  public member that is a consumer of the profession.  The committee shall
    30  assist the state board for medicine in athletic training matters.  Nomi-
    31  nations  and  terms  of office of the members of the state committee for
    32  athletic trainers shall conform to the corresponding provisions relating
    33  thereto for state boards under article one hundred thirty of title eight
    34  of this chapter. [Notwithstanding the  foregoing,  the  members  of  the
    35  first  committee need not be certified prior to their appointment to the
    36  committee.]
    37    § 5. Section 8355 of the education law, as added by chapter 798 of the
    38  laws of 1992, is amended to read as follows:
    39    § 8355. Requirements and procedure  for  professional  [certification]
    40  licensure.   [For certification as a certified] To qualify for a license
    41  as an athletic trainer under this article, an  applicant  shall  fulfill
    42  the following requirements:
    43    1. Application: file an application with the department;
    44    2. Education:  have  received an education including a bachelor's, its
    45  equivalent or higher degree in accordance with the commissioner's  regu-
    46  lations,  provided  however,  after  December thirty-first, two thousand
    47  thirty, applicants shall have received a master's degree, its equivalent
    48  or higher in accordance with the commissioner's regulations;
    49    3. Experience: have experience in accordance with  the  commissioner's
    50  regulations;
    51    4. Examination: pass an examination in accordance with the commission-
    52  er's regulations;
    53    5. Age: be at least twenty-one years of age; [and]
    54    6. Fees: pay a fee for an initial [certificate] license of one hundred
    55  dollars to the department; and a fee of fifty dollars for each triennial
    56  registration period[.]; and

        A. 5044--B                          5

     1    7.  Character: be of good moral character as determined by the depart-
     2  ment.
     3    §  6.  Section 8356 of the education law, as amended by chapter 658 of
     4  the laws of 1993, is amended to read as follows:
     5    § 8356. [Special provisions. A person shall be certified without exam-
     6  ination provided that, within three years from  the  effective  date  of
     7  regulations implementing the provisions of this article, the individual:
     8    1.  files  an application and pays the appropriate fees to the depart-
     9  ment; and
    10    2. meets the requirements of subdivisions  two  and  five  of  section
    11  eight thousand three hundred fifty-five of this article and who in addi-
    12  tion:
    13    (a)  has  been actively engaged in the profession of athletic training
    14  for a minimum of four years during the seven years immediately preceding
    15  the effective date of this article; or
    16    (b) is certified by a United States certifying body acceptable to  the
    17  department.]  Exempt persons. 1. Nothing contained in this article shall
    18  prohibit:
    19    (a) the practice of athletic training that is an integral  part  of  a
    20  program  of  study  by students enrolled in an athletic training program
    21  acceptable by the department or the substantial equivalent as determined
    22  by the department. Students enrolled in  an  athletic  training  program
    23  determined  as  acceptable  by  the  department  shall  be identified as
    24  "athletic training students" and shall only practice  athletic  training
    25  under  the  direction  and  supervision of an athletic trainer currently
    26  licensed under this article. An athletic training student shall not hold
    27  himself or herself out as a licensed athletic trainer; or
    28    (b) the practice of athletic training by any person who  is  appropri-
    29  ately  authorized  and in good standing to practice athletic training in
    30  another state from acting as an athletic  trainer  without  a  New  York
    31  state license solely for the following purposes:
    32    (1)  clinical  education, practice demonstrations or clinical research
    33  that is within the practice of athletic training in  connection  with  a
    34  program  of basic clinical education, graduate education, or post-gradu-
    35  ate education in an approved school of athletic training, or in a  clin-
    36  ical  facility, or a health care agency, or for the purposes of continu-
    37  ing education not to exceed a duration of thirty days  in  any  calendar
    38  year, and any athletic trainer who is licensed in another state or coun-
    39  try,  who  is visiting an athletic training program, conducting clinical
    40  education or clinical research shall be  under  the  supervision  of  an
    41  athletic trainer licensed in the state and such practice shall be limit-
    42  ed to such instruction or research; or
    43    (2) assisting in the care of athletes in a discrete sanctioned athlet-
    44  ic event.
    45    2.  Any  person practicing athletic training in this state pursuant to
    46  this subdivision shall be subject to personal and subject matter  juris-
    47  diction  and  the  disciplinary and regulatory authority of the board of
    48  regents as if he or she is a licensee and as if the  exemption  pursuant
    49  to  this subdivision is a license. Such individuals shall consent to the
    50  appointment of the secretary of state or other public official  accepta-
    51  ble to the department, in such athletic trainers' states of licensure as
    52  the  athletic  trainers'  agents  upon whom process may be served in any
    53  actions or proceedings by the department against such athletic trainers.
    54  Such individuals shall comply with the provisions of this  article,  the
    55  rules  of  the  board of regents and the regulations of the commissioner

        A. 5044--B                          6
     1  relating to professional misconduct, disciplinary proceedings and penal-
     2  ties for professional misconduct.
     3    3.  (a)  Any  athletic trainer who is licensed and in good standing in
     4  another state or territory, and who has a written agreement  to  provide
     5  athletic  training  services  to athletes and team personnel of a United
     6  States sports team recognized by the United States Olympic and  Paralym-
     7  pic  Committees  or  an out-of-state secondary school, an institution of
     8  postsecondary education, a professional or amateur athletic organization
     9  sports team, or a performing arts troupe, may provide athletic  training
    10  services  to  such  athletes and team personnel at a discrete sanctioned
    11  team sporting event or performance in  this  state  as  defined  by  the
    12  commissioner in regulations, provided such services are provided only to
    13  such  athletes and team personnel at the discrete sanctioned team sport-
    14  ing event or performance. Any such athletic training services  shall  be
    15  provided  only  five  days before through three days after each discrete
    16  sanctioned team sporting event or traveling performance.
    17    (b) Any person practicing as an athletic trainer in this state  pursu-
    18  ant  to  this  subdivision  shall be subject to the personal and subject
    19  matter jurisdiction and disciplinary and  regulatory  authority  of  the
    20  board  of  regents as if he or she is a licensee and as if the exemption
    21  pursuant to this subdivision is a license. Such individual shall  comply
    22  with applicable provisions of the rules of the board of regents, and the
    23  regulations  of  the  commissioner, relating to professional misconduct,
    24  disciplinary proceedings and penalties for professional misconduct.
    25    4. This article shall not be construed to prohibit  qualified  members
    26  of other licensed or legally recognized professions from performing work
    27  incidental to the practice of their profession, except that such persons
    28  may  not  hold  themselves  out  under  the title athletic trainer or as
    29  performing athletic training.
    30    § 7. The education law is amended by adding two  new  sections  8356-a
    31  and 8356-b to read as follows:
    32    § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
    33  ic  trainer required under this article to register triennially with the
    34  department to practice in the state shall comply with the provisions  of
    35  the  mandatory  continuing education requirements prescribed in subdivi-
    36  sion two of this section except as set forth in paragraphs (b)  and  (c)
    37  of  this subdivision.  Licensed athletic trainers who do not satisfy the
    38  mandatory continuing education requirements  shall  not  practice  until
    39  they  have  met such requirements, and they have been issued a registra-
    40  tion certificate, except that a licensed athletic trainer  may  practice
    41  without  having  met  such  requirements if he or she is issued a condi-
    42  tional registration certificate pursuant to subdivision  three  of  this
    43  section.
    44    (b)  Each licensed athletic trainer shall be exempt from the mandatory
    45  continuing education requirement for the triennial  registration  period
    46  during  which he or she is first licensed. In accordance with the intent
    47  of this  section,  adjustment  to  the  mandatory  continuing  education
    48  requirement  may  be  granted  by  the  department for reasons of health
    49  certified by an  appropriate  health  care  professional,  for  extended
    50  active  duty  with  the  armed forces of the United States, or for other
    51  good cause acceptable to the department which may prevent compliance.
    52    (c) A licensed athletic trainer not engaged in practice, as determined
    53  by the department, shall be exempt from the mandatory continuing  educa-
    54  tion  requirement  upon  the  filing  of a statement with the department
    55  declaring such status. Any licensee  who  returns  to  the  practice  of
    56  athletic  training during the triennial registration period shall notify

        A. 5044--B                          7
     1  the department prior to reentering the profession and  shall  meet  such
     2  mandatory  education  requirements as shall be prescribed by regulations
     3  of the commissioner.
     4    2.  During each triennial registration period, an applicant for regis-
     5  tration as a licensed athletic  trainer  shall  complete  a  minimum  of
     6  forty-five hours of acceptable formal continuing education, as specified
     7  in subdivision four of this section. Any licensed athletic trainer whose
     8  first  registration  date  following  the effective date of this section
     9  occurs less than three years from such effective date, but on  or  after
    10  January first, two thousand twenty-two, shall complete continuing educa-
    11  tion hours on a prorated basis at the rate of one hour per month for the
    12  period beginning January first, two thousand twenty-two and then fifteen
    13  hours  per  year  until his or her first registration date thereafter. A
    14  licensee who  has  not  satisfied  the  mandatory  continuing  education
    15  requirements shall not be issued a triennial registration certificate by
    16  the  department  and  shall  not practice unless and until a conditional
    17  registration certificate is issued as provided for in subdivision  three
    18  of  this  section. Continuing education hours taken during one triennium
    19  shall not be transferred to a subsequent triennium.
    20    3. The department, in its discretion, may issue a  conditional  regis-
    21  tration  to  a  licensee  who  fails  to  meet  the continuing education
    22  requirements established in subdivision two  of  this  section  but  who
    23  agrees to make up any deficiencies and complete any additional education
    24  which  the department may require. The fee for such a conditional regis-
    25  tration shall be the same as, and in addition to, the fee for the trien-
    26  nial registration. The duration of such conditional  registration  shall
    27  be  determined  by  the  department  but shall not exceed one year.  Any
    28  licensee who is notified of the denial of registration  for  failure  to
    29  submit  evidence, satisfactory to the department, of required continuing
    30  education and who practices without such registration may be subject  to
    31  disciplinary  proceedings  pursuant to section sixty-five hundred ten of
    32  this title.
    33    4. For purposes of this section:
    34    (a) "acceptable learning activities" shall include, but not be limited
    35  to, formal courses of learning which contribute to professional practice
    36  in athletic training and/or self-study  activities;  independent  study;
    37  formal  mentoring  activities;  publication in professional journals; or
    38  lectures, which meet the standards  prescribed  by  regulations  of  the
    39  commissioner; and
    40    (b) "formal courses of learning" shall include, but not be limited to,
    41  collegiate level credit and non-credit courses, professional development
    42  programs  and  technical  sessions  offered by national, state and local
    43  professional associations and any other organizations acceptable to  the
    44  department,  and  any other organized educational and technical programs
    45  acceptable to the department.   Formal courses shall  be  taken  from  a
    46  sponsor  approved  by the department, based upon an application and fee,
    47  pursuant to the regulations of the commissioner.
    48    5.  The department may, in its discretion and as needed to  contribute
    49  to  the  health  and  welfare  of  the public, require the completion of
    50  continuing education credits in specific subjects to fulfill the  manda-
    51  tory continuing education requirement under this section.
    52    6.  A  licensed athletic trainer shall maintain adequate documentation
    53  of completion  of  acceptable  formal  continuing  education  and  shall
    54  provide  such documentation at the request of the department. Failure to
    55  provide such documentation upon the request of the department  shall  be

        A. 5044--B                          8
     1  an  act  of  misconduct  subject to disciplinary proceedings pursuant to
     2  section sixty-five hundred ten of this title.
     3    7.  The  mandatory  continuing  education  fee  shall be payable on or
     4  before the first day of each triennial registration period, and shall be
     5  paid in addition to the triennial registration fee required  by  section
     6  eighty-three hundred fifty-five of this article.
     7    §  8356-b.  Special  provisions.  Any  person  who  is certified as an
     8  athletic trainer by the department on the effective date of this section
     9  shall have one year from the effective date to apply for and qualify for
    10  licensure as an athletic trainer without meeting any additional require-
    11  ments.
    12    § 8. Section 8357 of the education law, as added by chapter 798 of the
    13  laws of 1992, is amended to read as follows:
    14    § 8357. Non-liability of [certified] licensed  athletic  trainers  for
    15  first  aid  or  emergency  treatment.   Notwithstanding any inconsistent
    16  provision of any general, special or local law, any [certified] licensed
    17  athletic trainer who voluntarily and without the expectation of monetary
    18  compensation renders first aid or emergency treatment at the scene of an
    19  accident or other emergency, outside a hospital, doctor's office or  any
    20  other  place having proper and necessary athletic training equipment, to
    21  a person who is unconscious, ill or injured, shall  not  be  liable  for
    22  damages  for  injuries  alleged to have been sustained by such person or
    23  for damages for the death of such person alleged  to  have  occurred  by
    24  reason of an act or omission in the rendering of such first aid or emer-
    25  gency treatment unless it is established that such injuries were or such
    26  death was caused by gross negligence on the part of such athletic train-
    27  er.    Nothing in this section shall be deemed or construed to relieve a
    28  [certified] licensed athletic trainer from  liability  for  damages  for
    29  injuries or death caused by an act or omission on the part of an athlet-
    30  ic trainer while rendering professional services in the normal and ordi-
    31  nary course of his or her practice.
    32    §  9. Section 8358 of the education law is renumbered section 8359 and
    33  a new section 8358 is added to read as follows:
    34    § 8358. Limited permits. The  following  requirements  for  a  limited
    35  permit  shall apply to all professions licensed or certified pursuant to
    36  this article:
    37    1. The department may issue a limited permit to an applicant who meets
    38  all qualifications for licensure, except the examination, in  accordance
    39  with regulations promulgated therefor.
    40    2.  Limited  permits  shall  be  for  one year; the department may for
    41  justifiable cause renew a limited permit,  provided  that  no  applicant
    42  shall  practice  under  any  limited permit for more than a total of two
    43  years.
    44    3. The fee for each limited permit  and  for  each  renewal  shall  be
    45  seventy dollars.
    46    4.  A  limited permit holder shall practice only under the supervision
    47  of a physician as determined in accordance with the commissioner's regu-
    48  lations.
    49    § 10. Paragraph a of subdivision 3 of section 6507  of  the  education
    50  law,  as  amended by chapter 672 of the laws of 2019, is amended to read
    51  as follows:
    52    a. Establish standards for preprofessional and professional education,
    53  experience and licensing examinations as required to implement the arti-
    54  cle for each profession. Notwithstanding any other provision of law, the
    55  commissioner shall establish standards requiring that all persons apply-
    56  ing, on or after January first, nineteen hundred ninety-one,  initially,

        A. 5044--B                          9
     1  or for the renewal of, a license, registration or limited permit to be a
     2  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
     3  trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
     4  licensed  clinical  social  worker,  licensed  creative  arts therapist,
     5  licensed marriage and family therapist, licensed mental  health  counse-
     6  lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
     7  analyst, [or] certified behavior analyst assistant, or athletic  trainer
     8  shall,  in  addition to all the other licensure, certification or permit
     9  requirements, have completed two hours of coursework or training regard-
    10  ing the identification and reporting of child  abuse  and  maltreatment.
    11  The  coursework  or  training  shall  be obtained from an institution or
    12  provider which has been approved  by  the  department  to  provide  such
    13  coursework  or training. The coursework or training shall include infor-
    14  mation regarding the physical and behavioral indicators of  child  abuse
    15  and  maltreatment  and  the  statutory reporting requirements set out in
    16  sections four hundred thirteen through four hundred twenty of the social
    17  services law, including but not limited to, when and how a  report  must
    18  be  made,  what  other actions the reporter is mandated or authorized to
    19  take, the legal protections afforded reporters, and the consequences for
    20  failing to report. Such coursework or training may also include informa-
    21  tion regarding the physical and behavioral indicators of  the  abuse  of
    22  individuals with mental retardation and other developmental disabilities
    23  and  voluntary reporting of abused or neglected adults to the office for
    24  people with developmental disabilities or  the  local  adult  protective
    25  services unit. Each applicant shall provide the department with documen-
    26  tation  showing  that he or she has completed the required training. The
    27  department shall provide an exemption from the child abuse and maltreat-
    28  ment training  requirements  to  any  applicant  who  requests  such  an
    29  exemption  and  who  shows, to the department's satisfaction, that there
    30  would be no need because of the nature of his or her practice for him or
    31  her to complete such training;
    32    § 11. Section 6505-b of the education law, as amended by chapter 10 of
    33  the laws of 2018, is amended to read as follows:
    34    § 6505-b. Course work or  training  in  infection  control  practices.
    35  Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
    36  optometrist, athletic trainer and dental  hygienist  practicing  in  the
    37  state  shall,  on or before July first, nineteen hundred ninety-four and
    38  every four years thereafter, complete course work or training  appropri-
    39  ate  to the professional's practice approved by the department regarding
    40  infection control, which shall include sepsis, and barrier  precautions,
    41  including  engineering  and  work  practice controls, in accordance with
    42  regulatory standards promulgated by the department, in consultation with
    43  the department of health, which shall be consistent, as far as appropri-
    44  ate, with such standards adopted by the department of health pursuant to
    45  section two hundred thirty-nine of the public health law to prevent  the
    46  transmission  of  HIV, HBV, HCV and infections that could lead to sepsis
    47  in the course of professional practice.  Each  such  professional  shall
    48  document  to  the department at the time of registration commencing with
    49  the first registration after July first,  nineteen  hundred  ninety-four
    50  that  the  professional has completed course work or training in accord-
    51  ance with this section, provided, however that a professional subject to
    52  the provisions of paragraph (f) of subdivision one  of  section  twenty-
    53  eight  hundred  five-k of the public health law shall not be required to
    54  so document.  The  department  shall  provide  an  exemption  from  this
    55  requirement to anyone who requests such an exemption and who (i) clearly
    56  demonstrates  to  the  department's  satisfaction that there would be no

        A. 5044--B                         10
     1  need for him or her to complete such course work or training because  of
     2  the  nature  of his or her practice or (ii) that he or she has completed
     3  course work or training deemed by the department to be equivalent to the
     4  course  work  or  training  approved  by the department pursuant to this
     5  section. The department shall consult with organizations  representative
     6  of  professions,  institutions  and  those  with  expertise in infection
     7  control and HIV, HBV, HCV and infections that could lead to sepsis  with
     8  respect  to  the  regulatory  standards  promulgated  pursuant  to  this
     9  section.
    10    § 12. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    11  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    12  laws of 2018, is amended to read as follows:
    13    (a) The following persons and officials  are  required  to  report  or
    14  cause  a  report to be made in accordance with this title when they have
    15  reasonable cause to suspect that a child coming  before  them  in  their
    16  professional  or  official capacity is an abused or maltreated child, or
    17  when they have reasonable cause to suspect that a child is an abused  or
    18  maltreated  child  where the parent, guardian, custodian or other person
    19  legally responsible for such child comes before them  in  their  profes-
    20  sional  or  official  capacity and states from personal knowledge facts,
    21  conditions or circumstances which, if correct, would render the child an
    22  abused or maltreated child: any physician; registered physician  assist-
    23  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    24  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    25  athletic  trainer;  psychologist; registered nurse; social worker; emer-
    26  gency medical technician; licensed  creative  arts  therapist;  licensed
    27  marriage   and  family  therapist;  licensed  mental  health  counselor;
    28  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
    29  analyst assistant; hospital personnel engaged in the admission, examina-
    30  tion,  care  or  treatment of persons; a Christian Science practitioner;
    31  school official, which includes but is not limited  to  school  teacher,
    32  school  guidance  counselor,  school psychologist, school social worker,
    33  school nurse, school administrator or other school personnel required to
    34  hold a teaching or administrative license or certificate; full or  part-
    35  time  compensated  school employee required to hold a temporary coaching
    36  license or professional coaching certificate;  social  services  worker;
    37  employee  of a publicly-funded emergency shelter for families with chil-
    38  dren; director of a children's overnight camp, summer day camp or  trav-
    39  eling  summer  day  camp,  as such camps are defined in section thirteen
    40  hundred ninety-two of the public health law;  day  care  center  worker;
    41  school-age  child  care  worker;  provider of family or group family day
    42  care; employee or volunteer in a residential care facility for  children
    43  that  is  licensed,  certified or operated by the office of children and
    44  family services; or any other child care or foster care  worker;  mental
    45  health  professional;  substance  abuse counselor; alcoholism counselor;
    46  all persons credentialed by the office of alcoholism and substance abuse
    47  services; employees, who are expected to have  regular  and  substantial
    48  contact  with  children, of a health home or health home care management
    49  agency contracting with a health home as designated by the department of
    50  health and authorized under section three hundred sixty-five-l  of  this
    51  chapter  or such employees who provide home and community based services
    52  under a demonstration program pursuant to section eleven hundred fifteen
    53  of the federal social security act who are expected to have regular  and
    54  substantial  contact  with  children;  peace  officer;  police  officer;
    55  district attorney or assistant district attorney; investigator  employed
    56  in the office of a district attorney; or other law enforcement official.

        A. 5044--B                         11
     1    §  13. This act shall take effect two years after it shall have become
     2  a law, provided, however, that section 8356-a of the  education  law  as
     3  added  by  section  seven of this act shall take effect five years after
     4  this act shall have become a law. Effective immediately,  the  addition,
     5  amendment  and/or  repeal  of  any  rule or regulation necessary for the
     6  implementation of this act on its effective date are  authorized  to  be
     7  made and completed on or before such date.
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