Bill S1844A-2011

Requires registered nurses, licensed practical nurses, physicians, physicians assistants and specialist assistants to complete domestic violence training or course work

Requires registered nurses, licensed practical nurses, physicians, physicians assistants and specialist assistants to complete approved domestic violence training or course work; provides that for nurses, completion of course work or training and documentation thereof begins with the first registration after 1/1/2014 and must be provided every four years afterwards; provides that for physicians, physician assistants and specialist assistants, completion of course work or training and documentation thereof must be provided on or before 1/1/2014 and every four years afterwards; provides for exemptions.

Details

Actions

  • Jan 13, 2012: PRINT NUMBER 1844A
  • Jan 13, 2012: AMEND AND RECOMMIT TO HIGHER EDUCATION
  • Jan 4, 2012: REFERRED TO HIGHER EDUCATION
  • Jan 13, 2011: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S1844A

TITLE OF BILL: An act to amend the education law and the public health law, in relation to domestic violence course work or training

PURPOSE: This bill requires health care professionals to complete domestic violence course work or training appropriate to their professional practice.

SUMMARY OF PROVISIONS: Section one adds a new section 6505-d to the Education Law to require registered nurses and licensed practical nurses to undergo approved domestic violence course work or training related to their professional practice. These professionals would be required to document completion of this training when registering with the department beginning January 1, 2014.

Section three adds a new section 239-c to the Public Health Law to require physicians, physician assistants and specialist assistants to undergo approved domestic violence course work or training related to their professional practice. These professionals would be required to document completion of this training to the department beginning January 1, 2014.

JUSTIFICATION: In 1993, the Senate Democratic Task Force on Women's Issues held public hearings across the state on the health implications of domestic violence. Many witnesses at these hearings, including survivors, advocates and health care professionals, testified regarding the need for health care professionals to undergo domestic violence training related to their professional practices. This legislation will provide for training for health care professionals while assuring that such training is relevant to their practices.

LEGISLATIVE HISTORY: S.3981/A.3808 of 2009-2010 01/13/11 REFERRED TO HIGHER EDUCATION 01/04/12 REFERRED TO HIGHER EDUCATION

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: 180 days after enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 1844--A 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________
Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- 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. The education law is amended by adding a new section 6505-d to read as follows: S 6505-D. DOMESTIC VIOLENCE COURSE WORK OR TRAINING. EVERY REGISTERED NURSE AND LICENSED PRACTICAL NURSE PRACTICING IN THIS STATE SHALL, ON OR BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN AND EVERY FOUR YEARS THERE- AFTER, COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFES- SIONAL'S PRACTICE APPROVED BY THE DEPARTMENT REGARDING DIAGNOSIS, TREAT- MENT, 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 JANU- ARY FIRST, TWO THOUSAND FOURTEEN 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 ORGANIZA- TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER-
TISE IN DOMESTIC VIOLENCE WITH RESPECT TO THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION. 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 FOURTEEN 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 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. 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.

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