Requires registered professional nurses, licensed practical nurses, physicians, dentists, podiatrists, optometrists, dental hygienists, physicians assistants and specialist assistants to complete approved domestic violence training or coursework; completion of coursework or training and documentation thereof begins January 1, 2013 and every four years afterwards.

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A2384A-2011 Actions

• Jan 4, 2012: referred to higher education
• Oct 11, 2011: print number 2384b
• Oct 11, 2011: amend (t) and recommit to higher education
• Mar 1, 2011: print number 2384a
• Mar 1, 2011: amend and recommit to higher education
• Jan 18, 2011: referred to higher education

A2384A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2384--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 18, 2011
                                 ___________

  Introduced  by  M.  of  A.  GABRYSZAK, CLARK, MILLMAN, PAULIN, ROBINSON,
    ROSENTHAL, SPANO, P. RIVERA -- Multi-Sponsored by -- M. of A. BOYLAND,
    COOK, CORWIN, HEASTIE, HOOPER, KOLB, MAYERSOHN, MENG,  PEOPLES-STOKES,
    PHEFFER,  RAIA,  SAYWARD, SCARBOROUGH, THIELE, WEISENBERG -- read once
    and referred  to  the  Committee  on  Higher  Education  --  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 domestic violence course work or training

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 6505-b of the education law, as amended by  chapter
  477 of the laws of 2008, is amended to read as follows:

    S 6505-b. Course  work  or training in infection control practices AND
  DOMESTIC VIOLENCE.  1. Every dentist, registered nurse, licensed practi-
  cal nurse, podiatrist, optometrist and dental  hygienist  practicing  in
  the  state  shall, on or before July first, nineteen hundred ninety-four
  and every four years thereafter, complete course work or training appro-
  priate to the professional's practice approved by the department regard-
  ing infection control and barrier precautions, including engineering and
  work practice controls, in accordance with regulatory standards  promul-
  gated  by the department, in consultation with the department of health,
  which shall be consistent, as far as appropriate,  with  such  standards
  adopted  by  the  department  of  health pursuant to section two hundred
  thirty-nine of the public health law to prevent the transmission of HIV,
  HBV or HCV in the course of professional  practice.  Each  such  profes-
  sional  shall  document  to  the  department at the time of registration
  commencing with  the  first  registration  after  July  first,  nineteen
  hundred  ninety-four  that the professional has completed course work or
  training in accordance with  this  section,  provided,  however  that  a
  professional  subject  to the provisions of paragraph (f) of subdivision

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05929-03-1

 A. 2384--A                          2

  one of section twenty-eight hundred five-k  of  the  public  health  law
  shall  not  be  required to so document. 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. The department shall  consult  with  organiza-
  tions  representative of professions, institutions and those with exper-
  tise in infection control and HIV, HBV and HCV with respect to the regu-
  latory standards promulgated pursuant to this section.
    2. IN ADDITION TO INFECTION CONTROL PRACTICES COURSE WORK  AND  TRAIN-
  ING, EACH SUCH PROFESSIONAL SHALL, ON OR BEFORE JANUARY FIRST, TWO THOU-
  SAND  THIRTEEN  AND EVERY FOUR YEARS THEREAFTER, COMPLETE COURSE WORK OR
  TRAINING APPROPRIATE TO THE  PROFESSIONAL'S  PRACTICE  APPROVED  BY  THE
  DEPARTMENT REGARDING DIAGNOSIS, TREATMENT, AND DOCUMENTATION OF DOMESTIC
  VIOLENCE,  IN  ACCORDANCE  WITH  REGULATORY STANDARDS PROMULGATED BY THE
  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
  FOR THE PREVENTION OF DOMESTIC VIOLENCE. EACH  SUCH  PROFESSIONAL  SHALL
  DOCUMENT  TO  THE DEPARTMENT AT THE TIME OF REGISTRATION COMMENCING WITH
  THE FIRST REGISTRATION AFTER JANUARY FIRST, TWO THOUSAND  THIRTEEN  THAT
  THE  PROFESSIONAL  HAS  COMPLETED  COURSE WORK OR TRAINING IN ACCORDANCE
  WITH THIS SECTION. 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) 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.  THE
  DEPARTMENT   SHALL   CONSULT   WITH   ORGANIZATIONS   REPRESENTATIVE  OF
  PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN DOMESTIC  VIOLENCE
  WITH  RESPECT  TO  THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS
  SECTION.
    3. SUCH COURSE WORK AND TRAINING AS DESCRIBED IN SUBDIVISIONS ONE  AND
  TWO  OF THIS SECTION SHALL BE COMPLETED SIMULTANEOUSLY AND SHALL REQUIRE
  EACH SUCH PROFESSIONAL TO PAY A ONE-TIME FEE FOR SUCH  COURSE  WORK  AND
  TRAINING.
    S 2.  The title heading of title 2-E of article 2 of the public health
  law,  as  amended by chapter 477 of the laws of 2008, is amended to read
  as follows:

                       HIV/HBV/HCV PREVENTION TRAINING;
                  DOMESTIC VIOLENCE COURSE WORK OR TRAINING
    S 3. The public health law is amended by adding a new section 239-c to
  read as follows:

    S 239-C. DOMESTIC VIOLENCE COURSE WORK OR TRAINING.  EVERY  PHYSICIAN,
  PHYSICIAN  ASSISTANT  AND  SPECIALIST  ASSISTANT PRACTICING IN THE STATE
  SHALL, ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN AND EVERY  FOUR
  YEARS  THEREAFTER,  (A) COMPLETE COURSE WORK OR TRAINING, APPROPRIATE TO
  THE PROFESSIONAL'S PRACTICE, APPROVED BY THE DEPARTMENT REGARDING  DIAG-
  NOSIS,  TREATMENT, AND DOCUMENTATION OF DOMESTIC VIOLENCE, IN ACCORDANCE
  WITH REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT IN  CONSULTATION
  WITH  THE  DEPARTMENT  OF EDUCATION AND THE OFFICE FOR THE PREVENTION OF
  DOMESTIC VIOLENCE AND (B) SO DOCUMENT TO THE DEPARTMENT. 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

 A. 2384--A                          3

  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. THE  DEPARTMENT  SHALL  CONSULT
  WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE
  WITH EXPERTISE IN DOMESTIC VIOLENCE WITH RESPECT TO THE REGULATORY STAN-
  DARDS PROMULGATED PURSUANT TO THIS SECTION.
    S  4.  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  INFECTION CONTROL PRACTICES AND DOMESTIC VIOLENCE course
  work or training as mandated by [section] SECTIONS two  hundred  thirty-
  nine  AND TWO HUNDRED THIRTY-NINE-C of this chapter or section six thou-
  sand five hundred five-b of the education law. A  hospital  or  facility
  shall  not  grant  or  renew professional privileges or association to a
  physician, dentist, or podiatrist who has not completed such course work
  or training.
    S 5. This act shall take effect on the one hundred eightieth day after
  it shall have become a law and provided further that  the  commissioners
  of health and education may immediately take such steps as are necessary
  for implementation  of this act on such effective date.