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

                                  9250

                          I N  A S S E M B L Y

                              April 3, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the public health law and the education law, in relation
  to chronic pain management

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

  Section  1.  Legislative  intent:  The  legislature  hereby finds that
medical treatment of chronic pain in this state needs to  be  reexamined
to  enhance  the  ability  to  assess such condition, increase access to
appropriate care to treat and mitigate chronic  pain,  and  improve  the
quality  of  life  for  those  afflicted  with this condition. Currently
chronic pain is most often treated by primary  care  providers  who  may
have  little  training in the assessment and proper treatment of complex
chronic pain conditions. This, in turn,  has  led,  in  certain  circum-
stances,  to  patients seeing multiple health care providers and experi-
encing multiple and repeated diagnostic tests, that lead  to  inadequate
or  unproven  surgeries, prescription of unneeded or strong pain medica-
tions, with its consequential heightened possibility to lead to the long
term addiction to such strong pain medications, and the  performance  of
procedures or treatment regimens that are not able to successfully treat
or mitigate such chronic pain.
  Further, the current practice of the repeated utilization of different
health  practitioners, tests and unnecessary medical procedures to treat
such chronic pain is resulting in  higher  health  care  costs.    These
increased  costs come from unnecessary visits to health care practition-
ers, more and longer hospital stays, performing unnecessary surgeries or
other medical procedures, and unnecessary  prescription  of  costly  and
dangerous  drugs. This inefficient use of valuable health care resources
is contributing to the rapidly increasing cost of providing health care.
With the continuing aging of New York's general population,  this  trend
may  only  continue  to  grow.  Further,  the  consequences  to patients
afflicted with chronic pain will continue  to  undermine  the  physical,
social,  economic  and  psychological well being of such patients, their
families and loved ones.

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

                                                           LBD02105-05-4

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  The current health care delivery system both over  treats  and  under-
treats  those afflicted with chronic pain. Ideally, all patients subject
to chronic pain should be able to obtain an  appropriate  assessment  of
the underlying conditions that cause such pain, followed by an appropri-
ate plan of care that reflects the best practices currently available to
prevent  the  adverse effects of pain. Such care should be provided in a
coordinated manner that minimizes such chronic pain and is  cost  effec-
tive  for the patient, health care delivery system, and for employers of
such persons. In sum, the provision of chronic pain treatments  needs  a
major  reassessment  to enhance assessment capabilities, increase access
to appropriate care, improve the quality of care, and do so in a  manner
that minimizes the cost of providing such care.
  S  2. The public health law is amended by adding a new article 28-F to
read as follows:
                              ARTICLE 28-F
                         CHRONIC PAIN MANAGEMENT
SECTION 2899-K. CHRONIC PAIN MANAGEMENT.
  S 2899-K. CHRONIC PAIN MANAGEMENT. 1. DEFINITIONS. THE FOLLOWING WORDS
OR PHRASES AS USED IN THIS ARTICLE SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CHRONIC PAIN" SHALL MEAN CONSISTENT AND SIGNIFICANT PHYSICAL PAIN
OR DISCOMFORT THAT LASTS FOR AN EXTENDED PERIOD OF TIME BEYOND AN  ACUTE
PHYSICAL  INJURY OR PAINFUL STIMULUS, AND PERSISTS UNABATED FOR A PERIOD
OF TIME GREATER THAN SIX MONTHS.  FURTHER  SUCH  CONDITION  IMPEDES  THE
ABILITY  OF  SUCH PERSON FROM CONDUCTING MANY NORMAL LIFE ACTIVITIES, OR
IMPEDES OR LEADS TO THE LOSS OF EMPLOYMENT, OR CURTAILS THE  ABILITY  TO
PERFORM  A NUMBER OF PREVIOUSLY EXECUTED PHYSICAL EMPLOYMENT TASKS. SUCH
CHRONIC PAIN MAY BE ASSOCIATED WITH CANCER PAIN, PAIN  FROM  CHRONIC  OR
DEGENERATIVE DISEASES OR CONDITIONS, OR FROM AN UNIDENTIFIED CAUSE.
  (B)  "CHRONIC PAIN CARE CERTIFIED MEDICAL SCHOOL" SHALL MEAN A MEDICAL
SCHOOL IN THE STATE WHICH IS AN INSTITUTION WHICH  GRANTS  A  DEGREE  OF
DOCTOR  OF MEDICINE OR DOCTOR OF OSTEOPATHIC MEDICINE IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE COMMISSIONER  OF  EDUCATION  PURSUANT  TO
SUBDIVISION  TWO OF SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THE EDUCA-
TION LAW, AND WHICH MEETS THE STANDARDS ESTABLISHED  PURSUANT  TO  REGU-
LATIONS  PROMULGATED  BY  THE  COMMISSIONER, AFTER CONSULTATION WITH THE
COUNCIL, THAT ARE USED TO DETERMINE WHETHER A MEDICAL SCHOOL IS ELIGIBLE
FOR FUNDING PURSUANT TO THIS SECTION.
  (C) "CHRONIC PAIN CARE CERTIFIED RESIDENCY PROGRAM" SHALL MEAN A GRAD-
UATE MEDICAL EDUCATION PROGRAM IN THE STATE WHICH HAS RECEIVED  ACCREDI-
TATION  FROM  A  NATIONALLY RECOGNIZED ACCREDITATION BODY FOR MEDICAL OR
OSTEOPATHIC RESIDENCY PROGRAMS, AND WHICH  MEETS  THE  STANDARDS  ESTAB-
LISHED  PURSUANT  TO  REGULATIONS PROMULGATED BY THE COMMISSIONER, AFTER
CONSULTATION WITH THE COUNCIL, THAT ARE  USED  TO  DETERMINE  WHETHER  A
RESIDENCY  TRAINING  PROGRAM  IS  ELIGIBLE  FOR FUNDING PURSUANT TO THIS
SECTION.
  (D) "COUNCIL" SHALL MEAN THE STATE CHRONIC PAIN  MANAGEMENT  EDUCATION
AND TRAINING COUNCIL ESTABLISHED BY SUBDIVISION TWO OF THIS SECTION.
  (E)  "HEALTH  CARE  PROFESSIONALS" SHALL MEAN AND INCLUDE THOSE HEALTH
CARE PROFESSIONALS WHO REGULARLY TREAT PATIENTS THAT HAVE CHRONIC  PAIN,
AND  INCLUDES,  BUT  IS  NOT  LIMITED TO, ACUPUNCTURISTS, CHIROPRACTORS,
DENTISTS, NURSE PRACTITIONERS, REGISTERED  PROFESSIONAL  NURSES,  PODIA-
TRISTS,  PHARMACISTS, PHYSICIANS, PHYSICAL THERAPISTS, PHYSICIAN ASSIST-
ANTS, PSYCHIATRISTS AND OCCUPATIONAL THERAPISTS.
  (F) "PROFESSIONAL  CONTINUING  EDUCATION"  OR  "CONTINUING  EDUCATION"
SHALL  MEAN  ALL  PROFESSIONAL  CONTINUING  EDUCATION  PROGRAMS REQUIRED
EITHER BY STATE LAW OR BY PROFESSIONAL ASSOCIATIONS  AUTHORIZED  BY  THE

A. 9250                             3

EDUCATION  DEPARTMENT  TO  MONITOR THE REQUIREMENTS OF LICENSURE, AND TO
CONDUCT AND APPROVE PROFESSIONAL CONTINUING EDUCATION REQUIREMENTS FOR A
HEALTH CARE PROFESSION.   SUCH PROFESSIONS SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO,  ACUPUNCTURE,  CHIROPRACTIC,  DENTISTRY, NURSING, PODIATRY,
PHARMACY, MEDICINE, PHYSICAL THERAPY, PHYSICIAN  ASSISTANCE,  PSYCHOLOGY
AND OCCUPATIONAL THERAPY.
  2.  STATE CHRONIC PAIN MANAGEMENT EDUCATION AND TRAINING COUNCIL.  (A)
THE STATE CHRONIC PAIN MANAGEMENT  EDUCATION  AND  TRAINING  COUNCIL  IS
HEREBY ESTABLISHED IN THE DEPARTMENT TO BE AN EXPERT PANEL TO ADVISE THE
COMMISSIONER AND COMMISSIONER OF EDUCATION ON: (I) ADVANCES IN THE OPTI-
MUM  TREATMENT,  MANAGEMENT  AND BEST PRACTICES RELATED TO MITIGATING OR
ALLEVIATING CHRONIC PAIN, (II) TO PROMOTE BETTER  INTERDISCIPLINARY  AND
COORDINATED  PROVISION OF CARE RELATED TO CHRONIC PAIN MANAGEMENT, (III)
TO DEVELOP NEW PUBLIC POLICIES RELATED TO ADVANCING THE TEACHING OF SUCH
NEW TREATMENTS, MANAGEMENT REGIMENS, OR BEST PRACTICES ON  CHRONIC  PAIN
MANAGEMENT  AND  CARE IN CHRONIC PAIN CARE CERTIFIED MEDICAL SCHOOLS AND
CHRONIC PAIN CARE CERTIFIED RESIDENCY PROGRAMS, AND (IV) DEVELOP  GUIDE-
LINES  TO  ASSIST THE EDUCATION DEPARTMENT IN ESTABLISHING MATERIALS AND
CURRICULA TO BE USED  IN  PROVIDING  PROFESSIONAL  CONTINUING  EDUCATION
PROGRAMS  FOR  THOSE HEALTH CARE PROFESSIONALS REGULATED BY SUCH DEPART-
MENT.
  (B) THE COUNCIL SHALL BE COMPOSED OF TWENTY-FIVE MEMBERS APPOINTED  BY
THE  COMMISSIONER.  THE  COMMISSIONER  SHALL  SEEK  RECOMMENDATIONS  FOR
APPOINTMENTS TO SUCH COUNCIL FROM HEALTH  CARE  PROFESSIONAL,  CONSUMER,
MEDICAL  INSTITUTIONAL,  MEDICAL  EDUCATIONAL  LEADERS AND OTHER PROFES-
SIONAL EDUCATIONAL LEADERS FROM THIS STATE. THE MEMBERSHIP OF THE  COUN-
CIL  SHALL INCLUDE: NINE REPRESENTATIVES OF MEDICAL SCHOOLS AND HOSPITAL
ORGANIZATIONS; TWO REPRESENTATIVES OF MEDICAL ACADEMIES; ONE  ACUPUNCTU-
RIST  LICENSED  PURSUANT  TO  SECTION EIGHTY-TWO HUNDRED FOURTEEN OF THE
EDUCATION  LAW;  INDIVIDUAL  REPRESENTATIVES  OF  ORGANIZATIONS  BROADLY
REPRESENTATIVE  OF  PHYSICIANS,  FAMILY  PHYSICIANS, PRIMARY CARE PHYSI-
CIANS, INTERNAL MEDICINE, RHEUMATOLOGY, NURSING,  GERONTOLOGY,  HOSPICE,
NEUROLOGY,  PSYCHIATRY,  PEDIATRICS,  SURGERY, ACUPUNCTURE, CHIROPRACTIC
CARE, PODIATRIC CARE, PHARMACISTS OR THOSE PROFESSIONALS RELATED TO  THE
PRESCRIPTION  OR  MANUFACTURE OF PAIN MEDICATIONS, EMERGENCY ROOM HEALTH
CARE PROFESSIONALS, MASSAGE THERAPISTS, OCCUPATIONAL AND PHYSICAL THERA-
PY, PATIENT ADVOCATES AND THE HOSPITAL PHILANTHROPIC  COMMUNITY;  HEALTH
CARE  PLAN PAYORS OR INSURERS; THE EXECUTIVE DIRECTOR OR A MEMBER OF THE
NEW YORK STATE COUNCIL ON GRADUATE MEDICAL EDUCATION; AND  A  MEMBER  OF
THE NEW YORK STATE PALLIATIVE CARE EDUCATION AND TRAINING COUNCIL.
  (C)  THE  MEMBERS OF THE COUNCIL SHALL HAVE EXPERTISE IN THE TREATMENT
AND MANAGEMENT OF CHRONIC  PAIN  AND  THE  CARE  OF  PATIENTS  THAT  ARE
AFFLICTED  WITH  CHRONIC PAIN CONDITIONS. THE TERM OF SUCH MEMBERS SHALL
BE FOUR YEARS AND SUCH TERMS MAY BE RENEWED. MEMBERS  SHALL  RECEIVE  NO
COMPENSATION  FOR THEIR SERVICES, BUT SHALL BE ALLOWED ACTUAL AND NECES-
SARY EXPENSES IN THE PERFORMANCE OF THEIR DUTIES.
  (D) A CHAIR AND VICE-CHAIR OF THE COUNCIL SHALL BE ELECTED ANNUALLY BY
THE COUNCIL. THE COUNCIL SHALL MEET UPON THE CALL OF THE COMMISSIONER OR
THE CHAIR. THE  COUNCIL  MAY  ADOPT  REGULATIONS  CONSISTENT  WITH  THIS
SECTION.
  (E)  THE  COMMISSIONER  SHALL DESIGNATE SUCH EMPLOYEES AND PROVIDE FOR
OTHER RESOURCES FROM THE DEPARTMENT AS MAY BE  REASONABLY  NECESSARY  TO
PROVIDE  SUPPORT  AND  SERVICES FOR THE WORK OF THE COUNCIL. THE COUNCIL
MAY EMPLOY ADDITIONAL STAFF AND CONSULTANTS AND INCUR OTHER EXPENSES  TO
CARRY  OUT  ITS  DUTIES,  TO  BE PAID FOR FROM AMOUNTS WHICH MAY BE MADE
AVAILABLE TO THE COUNCIL FOR THAT PURPOSE.

A. 9250                             4

  (F) THE COUNCIL MAY PROVIDE  TECHNICAL  INFORMATION  AND  GUIDANCE  TO
HEALTH  CARE  PROFESSIONALS  ON  THE  LATEST BEST PRACTICES, STRATEGIES,
THERAPIES AND MEDICATIONS TO TREAT OR MANAGE CHRONIC PAIN.  FURTHER,  TO
PROVIDE  TECHNICAL INFORMATION AND GUIDANCE TO HEALTH CARE PROFESSIONALS
TO  ENCOURAGE  BETTER  COORDINATED  CARE  TO  TREAT OR MITIGATE THE PAIN
SUFFERED BY CHRONIC PAIN PATIENTS.
  3.  POLICIES TO BE CONSIDERED, EXAMINED AND POSSIBLY ADVANCED  BY  THE
COUNCIL.  THE  COUNCIL SHALL CONSIDER AND EXAMINE THE FOLLOWING POLICIES
AND GUIDELINES IN THE ADOPTION OF ANY RULES AND REGULATIONS:
  (A) THE TREATMENT AND CARE PROVIDED TO PATIENTS  THAT  SUFFER  CHRONIC
PAIN SHOULD BE CENTERED IN THE PRIMARY CARE ENVIRONMENT AND FOSTER COOR-
DINATED CARE BETWEEN THE VARIOUS HEALTH CARE PROFESSIONAL DISCIPLINES.
  (B)  CHRONIC  PAIN  MANAGEMENT  AND CARE SHOULD BE COORDINATED TO HELP
MINIMIZE THE DISPENSING OF PRESCRIPTION  DRUGS,  AVOID  DUPLICATIVE  AND
COSTLY  EVALUATIONS  AND  DIAGNOSTIC  TESTS,  AND TREATMENTS TO MINIMIZE
CHRONIC PAIN.
  (C) DEVELOPMENT OF CHRONIC PAIN MANAGEMENT AND  CARE  TECHNIQUES  THAT
ADDRESSES  DISCREPANCIES  THAT  MAY  OCCUR  IN THE TREATMENT OF PATIENTS
BASED ON RACE, ETHNICITY, GENDER, INCOME LEVEL OR AGE.
  (D) DEVELOP AND PROMOTE THE USE OF  BEST  PRACTICES  TO  MITIGATE  THE
SUFFERING  OF  CHRONIC  PAIN  IN  PATIENTS. THE UTILIZATION OF SUCH BEST
PRACTICES CAN BE PROMOTED BY: (I) THE PROVISION OF PROFESSIONAL CONTINU-
ING EDUCATION PROGRAMS TO ALL HEALTH CARE PROFESSIONALS ON  ADVANCES  IN
BEST  PRACTICES IN CHRONIC PAIN MANAGEMENT AND CARE, AND (II) THE DEVEL-
OPMENT OF ADVANCES IN BEST PRACTICES BASED  ON  NEW  RESEARCH,  CLINICAL
EXPERIENCE,  AND  THE PROMOTION OF INTER-DISCIPLINARY DIALOG AND COOPER-
ATION BETWEEN THE VARIOUS HEALTH CARE PROFESSIONALS.
  (E) ENCOURAGE THE WIDER USE OF COORDINATED HEALTH INFORMATION TECHNOL-
OGY SYSTEMS TO TRACK PAIN DISORDERS, TREATMENTS, AND OUTCOMES AS A MECH-
ANISM TO IMPROVE CHRONIC PAIN CARE AND TO BETTER  INTEGRATE  COORDINATED
CARE AMONG THE VARIOUS TREATING HEALTH CARE PROFESSIONALS.
  (F)  CONSIDER  ALTERATIONS IN MEDICAID AND PRIVATE PAYOR REIMBURSEMENT
RATES AND PRACTICES TO  ENCOURAGE  MORE  OPTIMUM  PROVISION  OF  QUALITY
CHRONIC PAIN MANAGEMENT AND CARE BY ALL HEALTH CARE PROFESSIONALS.
  (G)  ENCOURAGE  A BALANCED APPROACH TO REGULATE THE DISTRIBUTION, USE,
AND PRESCRIPTION OF MEDICATIONS THAT ARE  USED  TO  TREAT  CHRONIC  PAIN
CONDITIONS.  SUCH  BALANCED  APPROACH  NEEDS TO ENSURE THAT PATIENTS CAN
OBTAIN THE MEDICATIONS THAT THEY NEED, BUT ARE NOT OVER PRESCRIBED  SUCH
MEDICATIONS,  WHICH  CAN  LEAD  TO PATIENT ABUSE OR LONG TERM ADDICTION.
FURTHER, THE NEED TO  MONITOR  MULTIPLE  DAILY  MEDICATION  PRESCRIPTION
REGIMENS,  COUPLED  WITH  PSYCHOLOGICAL,  BEHAVIORAL,  AND SOCIAL INTER-
VENTION ACTIVITIES OF SUCH PATIENTS. FURTHER, TO REDUCE  THE  THREAT  OF
DRUG  ABUSE,  ADDICTION  OR  DIVERSION  OF  SUCH MEDICATIONS TO USES NOT
RELATED TO PROPER TREATMENT OF CHRONIC PAIN CONDITIONS.
  4. GRANTS FOR UNDERGRADUATE MEDICAL EDUCATION IN CHRONIC  PAIN  TREAT-
MENT  AND MANAGEMENT. (A) THE COMMISSIONER IS AUTHORIZED, WITHIN AMOUNTS
FROM ANY SOURCE APPROPRIATED OR OTHERWISE PROVIDED FOR SUCH PURPOSE,  TO
MAKE  GRANTS  TO CHRONIC PAIN CARE CERTIFIED MEDICAL SCHOOLS AND SCHOOLS
OF HEALTH CARE PROFESSIONALS TO ENHANCE THE STUDY AND RESEARCH OF CHRON-
IC PAIN TREATMENT AND MANAGEMENT, INCREASE THE OPPORTUNITIES FOR  UNDER-
GRADUATE  MEDICAL  EDUCATION  IN CHRONIC PAIN CARE TREATMENT AND MANAGE-
MENT, AND ENCOURAGE THE EDUCATION OF PHYSICIANS  IN  CHRONIC  PAIN  CARE
MANAGEMENT AND TREATMENT.
  (B)  GRANT  PROCEEDS  UNDER  THIS  SUBDIVISION MAY BE USED FOR FACULTY
DEVELOPMENT IN CHRONIC PAIN CARE TREATMENT AND  MANAGEMENT;  RECRUITMENT
OF  FACULTY WITH AN EXPERTISE IN THE MANAGEMENT AND TREATMENT OF CHRONIC

A. 9250                             5

PAIN; COSTS INCURRED TEACHING MEDICAL STUDENTS AT HOSPITAL-BASED  SITES,
NON-HOSPITAL BASED AMBULATORY CARE SETTINGS, CERTIFIED HOME HEALTH AGEN-
CIES,  LICENSED  LONG TERM HOME HEALTH CARE PROGRAMS, PRIVATE AND PUBLIC
HEALTH  CARE  CLINICS, AND IN PRIVATE PHYSICIAN PRACTICES INCLUDING, BUT
NOT LIMITED TO PERSONNEL, ADMINISTRATION AND  STUDENT-RELATED  EXPENSES;
EXPANSION OR DEVELOPMENT OF PROGRAMS THAT TRAIN PHYSICIANS IN THE TREAT-
MENT  AND  MANAGEMENT  OF  CHRONIC  PAIN;  AND OTHER INNOVATIVE PROGRAMS
DESIGNED TO INCREASE THE  COMPETENCY  OF  MEDICAL  STUDENTS  TO  PROVIDE
CHRONIC PAIN CARE TO PATIENTS.
  (C) GRANTS UNDER THIS SUBDIVISION SHALL BE AWARDED BY THE COMMISSIONER
THROUGH  A  COMPETITIVE  APPLICATION PROCESS TO THE COUNCIL. THE COUNCIL
SHALL MAKE RECOMMENDATIONS FOR FUNDING TO THE COMMISSIONER.
  5. GRANTS FOR GRADUATE HEALTH CARE PROFESSIONAL EDUCATION  IN  CHRONIC
PAIN TREATMENT AND MANAGEMENT. (A) THE COMMISSIONER IS AUTHORIZED, WITH-
IN  AMOUNTS  FROM ANY SOURCE APPROPRIATED OR OTHERWISE PROVIDED FOR SUCH
PURPOSE, TO  MAKE  GRANTS  TO  CHRONIC  PAIN  CARE  CERTIFIED  RESIDENCY
PROGRAMS  TO ESTABLISH OR EXPAND EDUCATION IN CHRONIC PAIN TREATMENT AND
MANAGEMENT FOR GRADUATE MEDICAL EDUCATION, AND TO INCREASE THE  OPPORTU-
NITIES  FOR TRAINEE EDUCATION IN THE TREATMENT AND MANAGEMENT OF CHRONIC
PAIN IN THE HOSPITAL-BASED AND NON-HOSPITAL-BASED SETTINGS.
  (B) GRANTS UNDER THIS SUBDIVISION FOR  GRADUATE  HEALTH  CARE  PROFES-
SIONAL  EDUCATION AND EDUCATION IN CHRONIC PAIN TREATMENT AND MANAGEMENT
MAY BE USED FOR ADMINISTRATION,  FACULTY  RECRUITMENT  AND  DEVELOPMENT;
START-UP COSTS AND COSTS INCURRED TEACHING THE MOST ADVANCED STRATEGIES,
THERAPIES,  MEDICATIONS  OR  BEST  PRACTICES  WITH REGARD TO THE CARE OF
PATIENTS WITH CHRONIC PAIN  IN  EITHER  HOSPITAL-BASED  OR  NON-HOSPITAL
BASED  SETTINGS  INCLUDING, BUT NOT LIMITED TO PERSONNEL, ADMINISTRATION
AND TRAINEE RELATED EXPENSES; AND OTHER EXPENSES DEEMED  REASONABLE  AND
NECESSARY BY THE COMMISSIONER.
  (C) GRANTS UNDER THIS SUBDIVISION SHALL BE AWARDED BY THE COMMISSIONER
THROUGH  A  COMPETITIVE  APPLICATION PROCESS TO THE COUNCIL. THE COUNCIL
SHALL MAKE RECOMMENDATIONS FOR FUNDING TO THE COMMISSIONER.
  6.  CHRONIC  PAIN  HEALTH  CARE  PROFESSIONAL  PRACTITIONER   RESOURCE
CENTERS.  THE COMMISSIONER, IN CONSULTATION WITH THE COUNCIL, MAY DESIG-
NATE  A  CHRONIC  PAIN  TREATMENT  AND  MANAGEMENT PRACTITIONER RESOURCE
CENTER OR CENTERS. SUCH RESOURCE CENTER MAY BE  STATEWIDE  OR  REGIONAL,
AND SHALL ACT AS A SOURCE OF TECHNICAL SUPPORT, INFORMATION AND GUIDANCE
FOR  PRACTITIONERS  ON  THE LATEST STRATEGIES, THERAPIES, MEDICATIONS OR
BEST PRACTICES WITH REGARD TO THE OPTIMUM TREATMENT  AND  MANAGEMENT  OF
CHRONIC  PAIN.  THE  DEPARTMENT,  IN  CONSULTATION WITH THE COUNCIL, MAY
CONTRACT WITH NOT-FOR-PROFIT ORGANIZATIONS OR ASSOCIATIONS TO  ESTABLISH
AND  MANAGE SUCH RESOURCE CENTERS. SUCH RESOURCE CENTER MAY CHARGE A FEE
TO HELP OFFSET THE COST OF PROVIDING SUCH SERVICES.
  7. CONTINUING EDUCATION REQUIREMENTS FOR  HEALTH  CARE  PROFESSIONALS.
THE  COUNCIL, IN CONSULTATION WITH THE DEPARTMENT, THE EDUCATION DEPART-
MENT AND HEALTH CARE PROFESSIONAL ORGANIZATIONS; SHALL DEVELOP,  COMPILE
AND  PUBLISH  INFORMATION AND COURSE MATERIALS ON THE ADVANCED TREATMENT
AND MITIGATION OF CHRONIC PAIN SUFFERED BY PATIENTS. IN ADDITION  WITHIN
TWO  YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE COUNCIL SHALL MAKE
RECOMMENDATIONS TO THE EDUCATION DEPARTMENT FOR THE COURSE WORK,  TRAIN-
ING  AND  CURRICULUM  TO  BE INCLUDED IN THE CONTINUING EDUCATION ON THE
BEST PRACTICES, STRATEGIES, THERAPIES AND APPROACHES FOR THE  MITIGATION
AND  TREATMENT  OF  CHRONIC PAIN REQUIRED TO BE COMPLETED BY THE VARIOUS
HEALTH CARE PROFESSIONS PURSUANT TO PARAGRAPH D OF SUBDIVISION THREE  OF
SECTION  SIXTY-FIVE HUNDRED SEVEN OF THE EDUCATION LAW. SUCH RECOMMENDA-
TIONS SHALL INCLUDE COMPONENTS WHICH ADDRESS THE INCREASING  AND  NECES-

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SARY INTERDISCIPLINARY COOPERATION BETWEEN HEALTH CARE PROFESSIONALS FOR
THE  COORDINATED REDUCTION OF CHRONIC PAIN IN PATIENTS AND THE REDUCTION
OF HEALTH CARE COSTS.
  8.  REPORT.    ON OR BEFORE MARCH FIRST OF EACH ODD NUMBERED YEAR, THE
COUNCIL SHALL SUBMIT TO THE GOVERNOR, THE COMMISSIONER, THE COMMISSIONER
OF EDUCATION, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE
ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON HEALTH
A REPORT ON ITS ACTIVITIES AND ACCOMPLISHMENTS RELATING TO THE TREATMENT
AND MITIGATION OF CHRONIC PAIN. SUCH REPORT MAY ALSO INCLUDE SUCH LEGIS-
LATIVE PROPOSALS AS IT DEEMS NECESSARY TO MORE EFFECTIVELY IMPLEMENT THE
PROVISIONS OF THIS ARTICLE.
  S 3. Paragraphs b and c of subdivision 3 of section 6507 of the educa-
tion law, as added by chapter 987 of the laws of 1971, are amended and a
new paragraph d is added to read as follows:
  b.  Review  qualifications  in connection with licensing requirements;
[and]
  c. Provide for licensing examinations and reexaminations[.]; AND
  D. (I) ESTABLISH STANDARDS FOR PREPROFESSIONAL AND PROFESSIONAL EDUCA-
TION FOR HEALTH CARE PROFESSIONALS,  AS  DEFINED  IN  PARAGRAPH  (E)  OF
SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT HUNDRED NINETY-NINE-K OF THE
PUBLIC HEALTH LAW, RELATING TO THE MITIGATION AND TREATMENT  OF  CHRONIC
PAIN.  IN  THE  PROMULGATION  OF  SUCH STANDARDS, THE DEPARTMENT AND THE
APPROPRIATE BOARD OF EACH SUCH PROFESSION SHALL  CONSIDER  AND,  TO  THE
EXTENT  PRACTICABLE,  IMPLEMENT THE RECOMMENDATIONS OF THE STATE CHRONIC
PAIN MANAGEMENT EDUCATION AND TRAINING COUNCIL. FURTHERMORE, SUCH STAND-
ARDS SHALL PROVIDE FOR SUCH TRAINING  AND  COURSEWORK  ON  THE  ADVANCED
TREATMENT AND MITIGATION OF CHRONIC PAIN AS SHALL BE APPROPRIATE FOR THE
HEALTH  CARE  PROFESSION, AND SHALL ADDRESS THE INCREASING AND NECESSARY
INTERDISCIPLINARY COOPERATION BETWEEN HEALTH CARE PROFESSIONALS FOR  THE
COORDINATED  REDUCTION  OF CHRONIC PAIN IN PATIENTS AND THE REDUCTION OF
HEALTH CARE COSTS.
  (II) THE COMMISSIONER SHALL ESTABLISH  STANDARDS  REQUIRING  THAT  ALL
HEALTH CARE PROFESSIONALS APPLYING, ON OR AFTER JANUARY FIRST, TWO THOU-
SAND SEVENTEEN, INITIALLY OR FOR A RENEWAL OF A LICENSE, REGISTRATION OR
CERTIFICATE  PURSUANT  TO  THIS  TITLE,  SHALL, IN ADDITION TO ALL OTHER
LICENSURE, REGISTRATION OR CERTIFICATION  REQUIREMENTS,  HAVE  COMPLETED
SUCH  COURSEWORK AND TRAINING IN THE TREATMENT AND MITIGATION OF CHRONIC
PAIN AS SHALL BE REQUIRED PURSUANT TO SUBPARAGRAPH  (I)  OF  THIS  PARA-
GRAPH. THE COURSEWORK AND TRAINING SHALL BE OBTAINED FROM AN INSTITUTION
OR  PROVIDER  THAT  HAS  BEEN APPROVED BY THE DEPARTMENT TO PROVIDE SUCH
COURSEWORK AND TRAINING. EACH APPLICANT  SHALL  PROVIDE  THE  DEPARTMENT
WITH  DOCUMENTATION  SHOWING HE OR SHE HAS COMPLETED THE REQUIRED TRAIN-
ING.
  (III) THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THE  REQUIREMENTS
OF  SUBPARAGRAPHS  (I)  AND  (II)  OF  THIS PARAGRAPH TO ANY HEALTH CARE
PROFESSIONAL WHO REQUESTS SUCH AN EXEMPTION AND WHO DEMONSTRATES TO  THE
DEPARTMENT'S SATISFACTION THAT:
  (A)  THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSEWORK
AND TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE; OR
  (B) HE OR SHE HAS COMPLETED COURSEWORK  AND  TRAINING  DEEMED  BY  THE
DEPARTMENT TO BE EQUIVALENT TO THE STANDARDS FOR COURSEWORK AND TRAINING
APPROVED BY THE DEPARTMENT UNDER THIS PARAGRAPH.
  S  4.  Subdivision  7  of  section  2807-s of the public health law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION,  PRIOR
TO  THE  ALLOCATION OF FUNDS FOR DISTRIBUTION IN ACCORDANCE WITH SECTION

A. 9250                             7

TWENTY-EIGHT HUNDRED SEVEN-J OF THIS ARTICLE PURSUANT TO PARAGRAPHS  (B)
AND  (C) OF THIS SUBDIVISION, THE COMMISSIONER ON AN ANNUALIZED BASIS UP
TO TWO MILLION FIVE HUNDRED THOUSAND DOLLARS FOR GRANTS FOR  UNDERGRADU-
ATE  HEALTH  CARE  PROFESSIONAL  EDUCATION IN CHRONIC PAIN TREATMENT AND
MANAGEMENT PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT  HUNDRED
NINETY-NINE-K  OF THIS CHAPTER; AND UP TO TWO MILLION FIVE HUNDRED THOU-
SAND DOLLARS FOR GRANTS FOR GRADUATE HEALTH CARE PROFESSIONAL  EDUCATION
IN CHRONIC PAIN TREATMENT AND MANAGEMENT PURSUANT TO SUBDIVISION FIVE OF
SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-K OF THIS CHAPTER.
  S  5.  This act shall take effect immediately provided that the amend-
ments to subdivision 7 of section 2807-s of the public health  law  made
by  section  four  of  this  act shall not affect the expiration of such
section and shall expire therewith.