Amd §§1 - 3, Chap of 2022 (as proposed in S.2534-A & A.1880-A)
Requires state approved education or training programs required for certification or recertification of home health aides, personal care aides, and certified nurse aides to include training in working with patients of diverse sexual orientations and gender identities or expressions within twelve months; eliminates the requirement of such training for personal care staff.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A612
SPONSOR: Dinowitz TITLE OF BILL:
An act relating to the availability of training for state approved
education or training programs required for certification of home health
aides, personal care aides, and certified nurse aides
PURPOSE:
To provide additional flexibilities to the Department of Health when
developing and requiring a training program which focuses on working
with patients of diverse sexual orientations for home health aides,
personal care aides, and certified nurse aides.
SUMMARY OF PROVISIONS:
This bill amends Chapter 737 of the Laws of 2022 by mandating DOH to
"require training" rather than "develop a training program unit" as well
as to clarify the titles which must complete the training. This bill
also extends the amount of time which DOH must make this training avail-
able from six months to within twelve months of the effective date of
this bill.
JUSTIFICATION:
A visit to a healthcare facility can make someone uncomfortable for a
variety of reasons. This is especially the case for many patients of
diverse sexual orientations and gender identities or expressions who may
have difficulty finding health care where they feel included and
accepted. Under current law, the Department of Health is required to
develop training that specifically addresses the needs of patients of
diverse sexual orientations and gender identities or expressions. This
training will help bride the gap between home health aides, personal
care aides, and certified nurse aids who want to provide adequate care
for patients of diverse sexual orientations and gender identities or
expressions of all ages. By altering the term utilized in this law from
mandating DOH to "develop a training program unit" to "require train-
ing," it provides additional flexibilities to DOH to determine require-
ments for new and current employees (incorporating into certification
training or provide as in-service training), determine the frequency of
the training, and determine when the training made by taken in-person or
virtually. Through these changes, this critical training will be made
more accessible to current and future personal care staff while ensuring
that organizations that have adequate training materials are utilized,
making the training more effective.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 relating to requiring home health aides and
nurse's aides to receive training in working with patients of diverse
sexual orientations and gender identities or expressions, as proposed in
legislative bills numbers S.2534-A and A.1880-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
612
2023-2024 Regular Sessions
IN ASSEMBLY
January 10, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT relating to the availability of training for state approved
education or training programs required for certification of home
health aides, personal care aides, and certified nurse aides
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of a chapter of the laws of 2022 relating to
2 requiring home health aides and nurse's aides to receive training in
3 working with patients of diverse sexual orientations and gender identi-
4 ties or expressions, as proposed in legislative bills numbers S. 2534-A
5 and A. 1880-A, is amended to read as follows:
6 Section 1. The commissioner of health, in consultation with the
7 commissioner of education, shall [develop a training program unit]
8 require training which focuses on working with patients of diverse sexu-
9 al orientations and gender identities or expressions, as part of the
10 state approved education or training programs required for certification
11 of home health aides, personal care aides, [personal care staff,] and
12 certified [nurse's] nurse aides.
13 § 2. Section 2 of a chapter of the laws of 2022 relating to requiring
14 home health aides and nurse's aides to receive training in working with
15 patients of diverse sexual orientations and gender identities or
16 expressions, as proposed in legislative bills numbers S. 2534-A and A.
17 1880-A, is amended to read as follows:
18 § 2. The training [program unit] required by this act should include
19 the following components and information:
20 (a) an explanation of the terms lesbian, gay, bisexual, queer, ques-
21 tioning, intersex, asexual, gender non-conforming and non-binary;
22 (b) an understanding of why patients with diverse sexual orientations
23 and gender identities or expressions may hide their identities;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04027-01-3
A. 612 2
1 (c) incorporate concerns of patients with diverse sexual orientations
2 and gender identities or expressions into person-directed care, so that
3 each individual can make the best decisions for their own situation;
4 (d) specific information designed for staff working in nursing care or
5 other residential care settings;
6 (e) unique needs of patients with diverse sexual orientations and
7 gender identities or expressions, including older adults;
8 (f) an overview of the various rights and protections for patients
9 with diverse sexual orientations and gender identities or expressions;
10 (g) best practices for creating communities welcoming to patients with
11 diverse sexual orientations and gender identities or expressions includ-
12 ing older adults, their loved ones, and their caregivers;
13 (h) practical tips from experts about how to ask questions related to
14 sexual orientation and gender identity or expression and understand why
15 these questions are important for all service organizations;
16 (i) teach the nuances of asking questions related to sexual orien-
17 tation and gender identity or expression, including older adults;
18 (j) how to respectfully respond to questions and concerns that arise
19 in conversations relating to sexual orientation and gender identity or
20 expression; and
21 (k) best practices for providing affirming care to patients with
22 diverse sexual orientations and gender identities or expressions.
23 § 3. Section 3 of a chapter of the laws of 2022 relating to requiring
24 home health aides and nurse's aides to receive training in working with
25 patients of diverse sexual orientations and gender identities or
26 expressions, as proposed in legislative bills numbers S. 2534-A and A.
27 1880-A, is amended to read as follows:
28 § 3. The training [unit] required by this act shall be [developed]
29 available within [six] twelve months of the effective date of this act
30 and shall be required for all certifications and re-certifications of
31 home health aides, personal care aides, [personal care staff,] and
32 certified [nurse's] nurse aides issued on and after such [six] twelve
33 month date.
34 § 4. This act shall take effect on the same date and in the same
35 manner as a chapter of the laws of 2022 relating to requiring home
36 health aides and nurse's aides to receive training in working with
37 patients of diverse sexual orientations and gender identities or
38 expressions, as proposed in legislative bills numbers S. 2534-A and A.
39 1880-A, takes effect.
