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BILL NUMBER:S3142A

TITLE OF BILL: An act to amend the education law and the public health law, in relation to course work or training in early recognition of and intervention for eating disorders

PURPOSE: This bill requires certain health care professionals to complete course work or training in early recognition of and intervention for eating disorders.

SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 6505-d of the education law to require physicians and physician assistants practicing in New York to complete coursework or training approved by the department regarding the early recognition of and intervention for eating disorders beginning on or before July 1, 2012 and every 4 years thereafter. The training will be developed in consultation with the department of Health and it would be consistent with any standards or best practices established by the comprehensive care centers for eating disorders. The department shall provide exemptions to anyone requesting one who demonstrates there is no need for them to be trained, they have completed equivalent training or some other good cause prevents completion of the training.

Section 2 of the bill amends Sec. 2805-k to include a reference to section 1 of this bill so that a hospital or facility receives documentation of appropriate training when granting or renewing privileges.

Section 3 of the bill provides that the act will take effect on the January 1 following enactment, provided that the commissioner of education is immediately authorized to promulgate any rules or regulation needed to implement the provision of this act.

EXISTING LAW: Comprehensive Care Centers for Eating Disorders are established pursuant to Article 27-J of the public health law. The Child Performer Advisory Board to Prevent Eating Disorders is established pursuant to Section 154 of the labor law.

JUSTIFICATION: According to the National Eating Disorder Association, there are as many as 10 million females and 1 million males in the united States fighting a life and death battle with anorexia or bulimia and another 25 million with binge-eating disorder. Millions practice disordered eating due to an obsession with dieting. Over the years these

numbers have continued to rise, along with the stigma and lack of awareness of eating disorders.

The peak onset of eating disorders occurs during puberty and the late teen/early adult years, but symptoms can occur as young as kindergarten. According to the National Institute of Mental Health, eating disorders are serious illnesses with a biological basis modified and influenced by emotional and cultural factors. Eating disorders are preventable and treatable, yet hundreds of people die from them each year. Anorexia has the highest morality rate of any mental illness. Eating disorders are serious mental illnesses with often severe physical consequences. They also cross all racial lines. A recent 10 year study found that African American girls are 50% more likely to be bulimic than are white girls. Sadly, many of these and other cases go undetected and untreated.

New York State recognizes the importance of addressing this problem and has already taken some important first. In 2004 the Legislature established and funded a network of Comprehensive Care Centers for Eating Disorders around the state. In 2007 the Legislature took another step and established the Child Performer Advisory Board to Prevent Eating Disorders. This board is expected to report its recommendations in the near future. Despite the State's leadership role in this area, many misconceptions and misdiagnosis continue to surround eating disorders. New York State must take the next step and pass this bill to ensure that our health care professionals are given the appropriate training and resources to adequately identify eating disorders and intervene so that these diseases are caught early and lives are saved.

LEGISLATIVE HISTORY: 2009-2010: A.8249 amended and recommitted to higher education (print number A.8249A) S.5011B-Passed Senate

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: The act will take effect on the January 1 following enactment.

Text

STATE OF NEW YORK
________________________________________________________________________

3142--A

2011-2012 Regular Sessions

IN SENATE

February 9, 2011
___________

Introduced  by  Sens. HUNTLEY, BONACIC, PARKER -- 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 commit-
  tee

AN ACT to amend the education law and the public health law, in relation
  to course work or training in early recognition  of  and  intervention
  for eating disorders

  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. COURSE WORK OR TRAINING IN EARLY RECOGNITION OF  AND  INTER-
VENTION  FOR  EATING  DISORDERS. EVERY PHYSICIAN AND PHYSICIAN ASSISTANT
PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND
THIRTEEN,  COMPLETE  COURSE  WORK OR TRAINING APPROVED BY THE DEPARTMENT
REGARDING THE EARLY RECOGNITION OF AND INTERVENTION  FOR  EATING  DISOR-
DERS,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF HEALTH, WHICH SHALL BE
CONSISTENT, AS FAR AS APPROPRIATE, WITH ANY STANDARDS OR BEST  PRACTICES
ESTABLISHED  BY  THE  COMPREHENSIVE  CARE  CENTERS  FOR EATING DISORDERS
ESTABLISHED PURSUANT TO ARTICLE TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW.
EACH SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT  AT  THE  TIME  OF
REGISTRATION  COMMENCING  WITH  THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND THIRTEEN 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
ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K  OF  THE  PUBLIC  HEALTH  LAW
SHALL  NOT  BE  REQUIRED TO PRODUCE SUCH DOCUMENTATION OR ATTESTATION AS
PRESCRIBED BY THIS SECTION. THE ONE HOUR ONLINE COURSE SHALL CONSIST OF,
BUT NOT BE LIMITED TO, INFORMATION REGARDING  PHYSICAL,  EMOTIONAL,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01012-03-1
S. 3142--A                          2

BEHAVIORAL INDICATORS OF EATING DISORDERS.  THE DEPARTMENT SHALL PROVIDE
AN  EXEMPTION  FROM  THIS  REQUIREMENT  TO  ANYONE  WHO REQUESTS SUCH AN
EXEMPTION AND WHO CLEARLY DEMONSTRATES TO THE DEPARTMENT'S  SATISFACTION
THAT  (I)  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, (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  DEPART-
MENT  PURSUANT  TO  THIS SECTION OR (III) SOME OTHER GOOD CAUSE PREVENTS
THEM FROM COMPLETING SUCH COURSE WORK OR TRAINING.
  S 2.  Subdivision 1 of section 2805-k of  the  public  health  law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  DOCUMENTATION THAT THE PHYSICIAN HAS COMPLETED THE COURSE WORK OR
TRAINING AS MANDATED BY SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF  THE
EDUCATION  LAW.  A HOSPITAL OR FACILITY SHALL NOT GRANT OR RENEW PROFES-
SIONAL PRIVILEGES OR ASSOCIATION TO A PHYSICIAN WHO  HAS  NOT  COMPLETED
SUCH COURSE WORK OR TRAINING.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  the
commissioner  of  education  is  immediately  authorized and directed to
promulgate, amend and/or repeal any rules and regulations  necessary  to
implement the provisions of this act on such effective date.