NY State Senate Bill 2011-S1650

Senate Bill S1650

2011-2012 Legislative Session

Provides that the state board of medicine shall promulgate regulations requiring cultural competency courses in all colleges of medicine

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to higher education
Jan 11, 2011	referred to higher education

2011-S1650 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6523, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S123

2011-S1650 (ACTIVE) - Summary

Provides that the state board of medicine shall promulgate regulations requiring cultural competency courses in all colleges of medicine; requires all medical students and all physicians to complete cultural competency training.

2011-S1650 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1650

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing the state board
for medicine and the commissioner of education to promulgate rules and
regulations for physician training

PURPOSE OR GENERAL IDEA OF BILL:
To authorize the state board for medicine together with the
commissioner of education to promulgate regulations requiring
cultural competency in physician training.

SUMMARY OF SPECIFIC PROVISIONS:
Section 6523 of the education law, as amended by chapter 364 of the
laws of 1991, states that the state board for medicine shall
prescribe the following requirements for physician training, by
regulation, in consultation with the commissioner: (a) The curriculum
in each college of medicine in this state shall include one or more
cultural competency courses which are designed to address the problem
of race and gender based disparities in medical treatment decisions
and are developed in consultation with the Association of American
Medical College or another nationally recognized organization which
reviews medical school curricula.

JUSTIFICATION:

The history of hospital care and access to health care has usually
mirrored the educational, social and ethical issues confronting
American society at any point in time in our history. Current
advances in medical technology have increased the complexity of care,
and research has shown measurable differences in access to medical
procedures based on race and culture. Thus, African American patients
are far less likely to undergo cardiac catherization, angioplasty and
bypass graft surgery. They also undergo fewer invasive, diagnostic
and therapeutic coronary procedures after myocardial infarction.
Similar differences have been noted in decisions about discretionary
surgery, surgical treatments for breast cancer, and prostate cancer
treatment. Research also shows that African American patients with
peripheral vascular disease are more likely to receive amputations
than white patients, and patients suffering from sickle-cell
disease, which disproportionately affects African Americans,
have been misdiagnosed by health professionals as being drug addicts
and denied treatment. Some of these differences can be attributed to
differences in income, insurance coverage and resistance to
treatment. However, even after discounting these variables, there are
disparities that are clearly rooted in racial and cultural
misperceptions and stereotypes. This legislation seeks to address
these issues.

PRIOR LEGISLATIVE HISTORY:
S.7711 of 2008 04/25/08 Referred to Higher Education
S.123 of 2009
01/07/09 REFERRED TO HIGHER EDUCATION
01/06/10 REFERRED TO HIGHER EDUCATION

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

EFFECTIVE DATE:
On the 90th day after it shall have become a law.

2011-S1650 (ACTIVE) - Bill Text download pdf

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

                                  1650

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to authorizing the  state
  board  for  medicine  and  the commissioner of education to promulgate
  rules and regulations for physician training

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

  Section 1. The legislature finds and declares that:
  a.  The findings of a federally-funded study by Georgetown University,
in conjunction with the Rand Corporation and the University of  Pennsyl-
vania,  which  were  published  in  the New England Journal of Medicine,
indicate that physicians are far less likely to refer blacks  and  women
than white men with identical complaints of chest pain to heart special-
ists  for cardiac catheterization; and the authors of this study suggest
that the difference in referral rates stems from racial and sexual bias-
es;
  b. These findings are the latest in a growing body of medical  litera-
ture  which documents race and gender-based disparities in the provision
of health care, especially in the treatment of  cardiovascular  disease;
however,  according  to  the  surgeon  general of the United States, the
Georgetown University study represents the best attempt to date to docu-
ment the racial attitudes of physicians as a factor in the poorer health
of African Americans;
  c. It is estimated that the minority population in the  United  States
will have increased by 60% between 2005 and the year 2010;
  d. Cultural awareness and cultural competence are essential skills for
providing quality health care to a diverse patient population;
  e.  Only  a  small  percentage of medical schools nationwide currently
provide some formal training in cultural competence;
  f. The Association of American Medical Colleges  is  working  to  help
medical schools improve the teaching of cultural competency; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05888-01-1

S. 1650                             2

  g.  The  public  interest  in  providing  quality  health  care to all
segments of society dictates the need  for  a  formal  requirement  that
medical  professionals  be trained in the provision of culturally compe-
tent health care as a condition of licensure to practice medicine in the
state of New York.
  S  2.  Section 6523 of the education law, as amended by chapter 364 of
the laws of 1991, is amended to read as follows:
  S 6523. State board for medicine.  1. A state board for medicine shall
be appointed by the board of regents on recommendation  of  the  commis-
sioner for the purpose of assisting the board of regents and the depart-
ment  on  matters  of  professional licensing in accordance with section
sixty-five hundred eight of this title. The board shall be  composed  of
not less than twenty physicians licensed in this state for at least five
years,  two of whom shall be doctors of osteopathy. The board shall also
consist of not less than two physician's assistants licensed to practice
in this state. The participation of physician's assistant members  shall
be  limited  to  matters relating to article one hundred thirty-one-B of
this [chapter] TITLE.   An executive secretary to  the  board  shall  be
appointed  by the board of regents on recommendation of the commissioner
and shall be either a physician licensed in this state or  a  non-physi-
cian, deemed qualified by the commissioner and board of regents.
  2. THE STATE BOARD FOR MEDICINE SHALL PRESCRIBE THE FOLLOWING REQUIRE-
MENTS  FOR  PHYSICIAN  TRAINING, BY REGULATION, IN CONSULTATION WITH THE
COMMISSIONER:
  A. THE CURRICULUM IN EACH COLLEGE OF  MEDICINE  IN  THIS  STATE  SHALL
INCLUDE  ONE  OR  MORE CULTURAL COMPETENCY COURSES WHICH ARE DESIGNED TO
ADDRESS THE PROBLEM OF RACE  AND  GENDER-BASED  DISPARITIES  IN  MEDICAL
TREATMENT  DECISIONS  AND ARE DEVELOPED IN CONSULTATION WITH THE ASSOCI-
ATION OF AMERICAN MEDICAL  COLLEGES  OR  ANOTHER  NATIONALLY  RECOGNIZED
ORGANIZATION WHICH REVIEWS MEDICAL SCHOOL CURRICULA.
  B. COMPLETION OF A CULTURAL COMPETENCY COURSE AS PROVIDED IN PARAGRAPH
A  OF  THIS  SUBDIVISION SHALL BE REQUIRED AS A CONDITION OF RECEIVING A
DIPLOMA FROM A COLLEGE OF MEDICINE IN THIS STATE.
  C. A COLLEGE OF MEDICINE WHICH INCLUDES A CULTURAL  COMPETENCY  COURSE
AS  PROVIDED  IN  PARAGRAPH A OF THIS SUBDIVISION IN ITS CURRICULA SHALL
OFFER FOR CONTINUING  EDUCATION  CREDIT,  CULTURAL  COMPETENCY  TRAINING
WHICH IS PROVIDED THROUGH ONE OR MORE COURSES, WORKSHOPS OR OTHER EDUCA-
TIONAL PROGRAMS SPONSORED BY THE COLLEGE AND WHICH MEETS CRITERIA ESTAB-
LISHED BY THE STATE BOARD FOR MEDICINE CONSISTENT WITH THOSE FOR COURSES
DEVELOPED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION.
  D.  A PERSON WHO RECEIVED A DIPLOMA FROM A COLLEGE OF MEDICINE IN THIS
STATE PRIOR TO THE EFFECTIVE DATE OF REGULATIONS ADOPTED  BY  THE  STATE
BOARD  FOR MEDICINE TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION SHALL
BE REQUIRED, AS A CONDITION OF INITIAL LICENSURE BY THE STATE BOARD  FOR
MEDICINE  TO  DOCUMENT  COMPLETION  OF  A  MINIMUM  OF  SIXTEEN HOURS OF
CULTURAL COMPETENCY TRAINING WHICH IS OFFERED PURSUANT TO PARAGRAPH C OF
THIS SUBDIVISION TO THE SATISFACTION OF THE STATE BOARD FOR MEDICINE.
  E. A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS  STATE  SHALL  BE
REQUIRED,  AS  A  CONDITION  OF RELICENSURE, TO DOCUMENT COMPLETION OF A
MINIMUM OF SIXTEEN  HOURS  OF  CULTURAL  COMPETENCY  TRAINING  WHICH  IS
OFFERED  PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION TO THE SATISFACTION
OF THE STATE BOARD FOR MEDICINE NO LATER  THAN  THREE  YEARS  AFTER  THE
EFFECTIVE DATE OF THIS SUBDIVISION.
  F.  THE  STATE  BOARD FOR MEDICINE MAY WAIVE THE REQUIREMENTS OF PARA-
GRAPH D OR E OF THIS SUBDIVISION IF AN APPLICANT FOR LICENSURE OR  RELI-
CENSURE,  AS  APPLICABLE,  DEMONSTRATES TO THE SATISFACTION OF THE STATE

S. 1650                             3

BOARD FOR MEDICINE THAT  THE  APPLICANT  HAS  ATTAINED  THE  SUBSTANTIAL
EQUIVALENT OF THIS REQUIREMENT THROUGH COMPLETION OF A SIMILAR COURSE IN
HIS  OR HER POST-SECONDARY EDUCATION WHICH MEETS CRITERIA ESTABLISHED BY
REGULATION OF THE STATE BOARD FOR MEDICINE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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