Bill S793A-2013

Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; public ed program; appropriation

Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.

Details

Actions

  • Jan 17, 2014: PRINT NUMBER 793A
  • Jan 17, 2014: AMEND AND RECOMMIT TO FINANCE
  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S793A

TITLE OF BILL: An act to amend the education law and the public health law, in relation to requiring cultural awareness and competence training for all medical professionals; to amend the public health law, in relation to a public health education program; and making an appropriation therefor

PURPOSE:

To require cultural awareness and competence training for all medical professionals as part of their licensing requirements; creates a public education program; provides for an appropriation.

SUMMARY OF PROVISIONS:

Section 1. Amends the education law by adding a new section 6505-d. Requires every physician, physician assistant, dentist, registered nurse, licensed practical nurse, podiatrist, optometrist and dental hygienist practicing in the state to complete on or before July first, 2016 and every two years thereafter, course work or training appropriate to the professional's practice approved by the department regarding cultural awareness and competence in the nondiscriminatory provision of medical services.

Section 2. Amends the Public Health Law, section 2805-1: (1) (f). Requires physicians, dentists or podiatrists to document the completion of cultural awareness and competency training. Prohibits hospitals or facilities from granting or renewing professional privileges if such medical professional has not completed the required training.

Section 3. Amends the Public Health Law section 206 of by adding a new subdivision 29. Authorizes the Commissioner of Health to develop and implement a statewide, community-based public health education program to reduce disparities in minority health care.

Section 4. Appropriation

Section 5. Effective Date

EXISTING LAW:

None

JUSTIFICATION:

The Office of Minority Health and Health Disparities in the U.S. Centers of Disease Control (CDC) reports that:

*Even though the Nation's infant mortality rate is down, the infant death rate among African Americans is still more than double that of whites;

*Hispanics living in the United States are almost twice as likely to die from diabetes than non-Hispanic whites; and,

*American Indians and Alaska Natives suffer from diabetes at more than twice the rate of whites.

According to the New York State Department of Health "Health disparities are deep and pervasive in New York State, as they are in almost every state in the nation. Some racial and ethnic minority groups, people with low incomes and/or language barriers, people who live in underserved communities, and many others have poorer health from birth (e.g., infant mortality) to death (e.g., premature deaths). Across the lifespan, they suffer higher rates of disease and disability. And these problems begin early, adding to the erosion of opportunity for children who often face a constellation of other social and economic challenges. As a result, disparities have a devastating human and economic impact on the state.

Health Disparities in New York City: Minding the Gap (2010 New York City Department of Health and Mental Hygiene) reported that:

*Death rates are almost 30% higher in the poorest New York City neighborhoods than in wealthier neighborhoods

*Blacks and whites in the poorest neighborhoods die at higher rates than their counterparts living in richer neighborhoods

*Black, Hispanic and Asian New Yorkers are more likely to die prematurely than whites, regardless of neighborhood income

*Gaps in death rates between blacks and whites vary by cause of death and neighborhood income

Evidence suggests that a more culturally competent health workforce is one way to address problems associated with health care disparities by improving access to care. The Agency for Healthcare Research and Quality likewise reported "that a lack of attention to cultural issues reacts to less than optimal care and addressing these concerns or using certain cultural competence interventions leads to improved outcomes." Washington, New Jersey, California are among the states that currently require cultural awareness and competency training for its healthcare workforce.

This bill addresses the problerns associated with health care disparities by requiring medical professionals to complete required course work in cultural awareness and competency training as part of their licensing requirements.

LEGISLATIVE HISTORY:

2013: S.793 - Referred to Finance/A.2417 - Referred to Higher Education

2012: S.118-A-Amended and recommit to Health/ A.1434 - A- Amended and recommit to Higher Education

2011: S.118 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Health/A.1434 - Referred to Higher Education

2009-10: S.3129 - Referred to Higher Education/A.8843 - Referred to Higher Education

2007-08: S.765 - Referred to Finance

FISCAL IMPLICATIONS:

$100,000 or so much thereof as may be necessary, to be appropriated from the state treasury.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 793--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. DIAZ, MONTGOMERY, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recommitted to the Committee on Finance 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 requiring cultural awareness and competence training for all medical professionals; to amend the public health law, in relation to a public health education program; and making an appropriation there- for 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 CULTURAL AWARENESS AND COMPE- TENCE. 1. EVERY PHYSICIAN, PHYSICIAN ASSISTANT, DENTIST, REGISTERED NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST AND DENTAL HYGIENIST PRACTICING IN THE STATE SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND SIXTEEN AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFESSIONAL'S PRACTICE APPROVED BY THE DEPARTMENT REGARDING CULTURAL AWARENESS AND COMPETENCE IN THE NON-DIS- CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. THE DEPARTMENT SHALL ALSO CONSULT WITH ORGANIZA- TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER- TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION. 2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST, TWO THOUSAND SIXTEEN 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 SO DOCUMENT. 3. 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. S 2. Paragraph (f) of subdivision 1 of section 2805-k of the public health law, as amended by chapter 477 of the laws of 2008, is amended to read as follows: (f) Documentation that the physician, dentist or podiatrist has completed the course work or training as mandated by section two hundred thirty-nine of this chapter or section six thousand five hundred five-b of the education law OR 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, dentist, or podiatrist who has not completed such course work or training. S 3. Section 206 of the public health law is amended by adding a new subdivision 29 to read as follows: 29. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE- MENT A STATEWIDE, COMMUNITY-BASED PUBLIC HEALTH EDUCATION PROGRAM TO REDUCE THE ROOT CAUSES OF DISPARITIES IN MINORITY HEALTH CARE. SUCH EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS, PATIENTS AND PATIENT ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS APPROPRIATED FOR SUCH HEALTH EDUCATION PROGRAM. S 4. The sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated to the department of health out of any moneys in the state treasury in the general fund to the credit of the state purposes account, not otherwise appropriated, and made immediately available, for such purpose of carrying out the provisions of section three of this act. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of health, or his or her duly designated representative in the manner prescribed by law. No expenditure shall be made from this appropriation until a certificate of approval of avail- ability shall have been issued by the director of the budget and filed with the state comptroller and a copy filed with the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended from time to time by the director of the budget and a copy of each such amendment shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. S 5. This act shall take effect immediately.

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