S1844A-2011 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

S1844A-2011 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.

S1844A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1844--A
 2011-2012 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05929-07-2
 
       S. 1844--A                          2
 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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