A1434A-2011 Actions

• Jan 18, 2012: print number 1434a
• Jan 18, 2012: amend and recommit to higher education
• Jan 4, 2012: referred to higher education
• Jan 10, 2011: referred to higher education

A1434A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1434--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 10, 2011
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
 on  Higher  Education -- recommitted to the Committee on Higher Educa
 tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

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:

 

Section 1. The education law is amended by adding a new section 6505-d
 to read as follows:

 

S  6505-D.  COURSE  WORK  OR TRAINING IN CULTURAL AWARENESS AND COMPE
 TENCE. 1. EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT,  DENTIST,  REGISTERED
 NURSE,  LICENSED  PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST AND DENTAL
 HYGIENIST PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO
 THOUSAND  THIRTEEN  AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK
 OR TRAINING APPROPRIATE TO THE PROFESSIONAL'S PRACTICE APPROVED  BY  THE
 DEPARTMENT  REGARDING  CULTURAL AWARENESS AND COMPETENCE IN THE NON-DIS
 CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
 STANDARDS PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  HEALTH. THE DEPARTMENT SHALL ALSO CONSULT WITH ORGANIZA
 TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH  EXPER
 TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
 STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
 2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
 OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
 TWO THOUSAND THIRTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
 TRAINING  IN  ACCORDANCE  WITH  THIS  SECTION, PROVIDED, HOWEVER, THAT A
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02579-05-1
 
       A. 1434--A                          2
 PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)  OF  SUBDIVISION
 ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-K OF THE PUBLIC HEALTH LAW
 SHALL NOT BE REQUIRED TO SO DOCUMENT.
 3.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
 ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I)  CLEARLY  DEMONSTRATES
 TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
 HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
 HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
 TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
 TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
 

S 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
 health law, as amended by chapter 477 of the laws of 2008, is amended to
 read as follows:

 (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
 completed the course work or training as mandated by section two hundred
 thirty-nine of this chapter or section six thousand five hundred  five-b
 of  the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
 EDUCATION LAW.  A hospital or facility shall not grant or renew  profes
 sional  privileges or association to a physician, dentist, or podiatrist
 who has not completed such course work or training.
 

S 3.

Section 206 of the public health law is amended by adding  a  new
 subdivision 29 to read as follows:

 29.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE
 MENT A STATEWIDE, COMMUNITY-BASED PUBLIC  HEALTH  EDUCATION  PROGRAM  TO
 REDUCE  THE  ROOT  CAUSES  OF  DISPARITIES IN MINORITY HEALTH CARE. SUCH
 EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS,  PATIENTS
 AND  PATIENT  ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
 WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
 PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS  APPROPRIATED
 FOR SUCH HEALTH EDUCATION PROGRAM.
 

S  4.  The  sum of one hundred thousand dollars ($100,000), or so much
 thereof as may be necessary, is hereby appropriated to the department of
 health out of any moneys in the state treasury in the  general  fund  to
 the  credit  of  the state purposes account, not otherwise appropriated,
 and made immediately available, for such purpose  of  carrying  out  the
 provisions of section three of this act. Such moneys shall be payable on
 the  audit  and  warrant  of  the  comptroller  on vouchers certified or
 approved by the commissioner of health, or his or  her  duly  designated
 representative  in the manner prescribed by law. No expenditure shall be
 made from this appropriation until a certificate of approval  of  avail
 ability  shall  have been issued by the director of the budget and filed
 with the state comptroller and a copy filed with  the  chairman  of  the
 senate finance committee and the chairman of the assembly ways and means
 committee.  Such  certificate  may  be  amended from time to time by the
 director of the budget and a copy of each such amendment shall be  filed
 with the state comptroller, the chairman of the senate finance committee
 and the chairman of the assembly ways and means committee.
 

S 5. This act shall take effect immediately.

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