N.Y. PBH Law § 2807-N — New York Code / Act PBH / Article 28 / Section 2807-N
Palliative care education and training
Status: in_force

§ 2807-n. Palliative care education and training. 1. Definitions. The\nfollowing words or phrases as used in this section shall have the\nfollowing meanings:\n  (a) "Palliative care" shall mean (i) the active, interdisciplinary\ncare of patients with advanced, life limiting illness, focusing on\nrelief of distressing physical and psychosocial symptoms and meeting\nspiritual needs. Its goal is achievement of the best quality of life for\npatients and families as defined by paragraph (b) of subdivision two of\nsection four thousand twelve-b of this chapter; and (ii) it shall also\ninclude similar care for patients with chronic or acute pain.\n  (b) "Palliative care certified medical school" shall mean a medical\nschool in the state which is an institution granting a degree of doctor\nof medicine or doctor of osteopathic medicine in accordance with\nregulations by the commissioner of education under subdivision two of\nsection sixty-five hundred twenty-four of the education law, and which\nmeets standards defined by the commissioner of health, after\nconsultation with the council, pursuant to regulations, and used to\ndetermine whether a medical school is eligible for funding under this\nsection.\n  (c) "Palliative care certified residency program" shall mean a\ngraduate medical education program in the state which has received\naccreditation from a nationally recognized accreditation body for\nmedical or osteopathic residency programs, and which meets standards\ndefined by the commissioner, after consultation with the council,\npursuant to regulations, and used to determine whether a residency\ntraining program is eligible for funding under this section.\n  (d) "New York state palliative care education and training council" or\n"council" shall mean the New York state palliative care education and\ntraining council established pursuant to subdivision six of this\nsection.\n  2. Grants for undergraduate medical education in palliative care. (a)\nThe commissioner is authorized, within amounts appropriated for such\npurpose to make grants to palliative care certified medical schools to\nenhance the study of palliative care, increase the opportunities for\nundergraduate medical education in palliative care and encourage the\neducation of physicians in palliative care.\n  (b) Grant proceeds under this subdivision may be used for faculty\ndevelopment in palliative care; recruitment of faculty with expertise in\npalliative care; costs incurred teaching medical students at\nhospital-based sites, non-hospital-based ambulatory care settings,\npalliative care sites, hospices, certified home health agencies,\nlicensed long term home health care programs and AIDS home care programs\nincluding, but not limited to, personnel, administration and\nstudent-related expenses; expansion or development of programs that\ntrain physicians in palliative care; and other innovative programs\ndesigned to increase the competency of medical students to provide\nhospice or palliative care.\n  (c) Grants under this subdivision shall be awarded by the commissioner\nthrough a competitive application process to the council. The council\nshall make recommendations for funding to the commissioner. In making\nawards, consideration shall be given to applicants who:\n  (i) plan to incorporate palliative care longitudinally throughout the\nmedical school curriculum according to professionally recognized\nstandards including, but not limited to, a plan that covers the seven\ndomains identified in the Palliative Education Assessment Tool (PEAT) as\ndeveloped by the New York Academy of Medicine and the Associated Medical\nSchools of New York State and Weill Cornell Medical College;\n  (ii) function in collaboration with hospital-based palliative care\nprograms and non-hospital-based sites; and\n  (iii) make complementary efforts to recruit or train qualified faculty\nin palliative care education.\n  (d) The intent of this subdivision is to augment or increase\npalliative care undergraduate medical education. Grant funding shall not\nbe used to offset existing expenditures that the medical school has\nobligated or intends to obligate for palliative care education programs.\n  3. Grants for graduate medical education in palliative care. (a) The\ncommissioner is authorized, within amounts appropriated for such purpose\nto make grants in support of palliative care certified residency\neducation programs to establish or expand education in palliative care\nfor graduate medical education, and to increase the opportunities for\ntrainee education in palliative care in hospital-based palliative care\nprograms or non-hospital-based care sites.\n  (b) Grants under this subdivision for graduate medical education and\neducation in palliative care may be used for administration, faculty\nrecruitment and development, start-up costs and costs incurred teaching\npalliative care in hospital-based palliative care programs or\nnon-hospital-based care sites, including, but not limited to, personnel,\nadministration and trainee related expenses and other expenses judged\nreasonable and necessary by the commissioner.\n  (c) Grants under this subdivision shall be awarded by the commissioner\nthrough a competitive application process to the council. The council\nshall make recommendations for funding to the commissioner. In making\nawards, the commissioner shall consider the extent to which the\napplicant:\n  (i) plans to incorporate palliative care longitudinally throughout the\nresidency training program according to professionally recognized\nstandards including, but not limited to, a plan that covers the seven\ndomains identified in the Palliative Education Assessment Tool (PEAT) as\ndeveloped by the New York Academy of Medicine and the Associated Medical\nSchools of New York State and Weill Cornell Medical College;\n  (ii) functions in collaboration with hospital-based palliative care\nprograms or non-hospital-based sites, or both; and\n  (iii) makes complementary efforts to recruit or train qualified\nfaculty in palliative care education.\n  (d) The intent of this subdivision is to augment or increase training\nin palliative care during residency. Grant funding shall not be used to\noffset existing expenditures the institution or program has obligated or\nintends to obligate for such training programs.\n  4. Centers for palliative care excellence. The commissioner shall\ndesignate organizations licensed pursuant to this article and article\nforty of this chapter, upon successful application, as centers for\npalliative care excellence. Such designations shall be pursuant to an\napplication as designed by the department, and based on service,\nstaffing and other criteria as developed by the council. Such centers of\nexcellence shall provide specialized palliative care, treatment,\neducation and related services. Designation as a center for palliative\ncare excellence shall not entitle a center to enhanced reimbursement,\nbut may be utilized in outreach and other promotional activities.\n  5. Palliative care practitioner resource centers. The commissioner, in\nconsultation with the council, may designate palliative care\npractitioner resource centers (a "resource center"). A resource center\nmay be statewide or regional, and shall act as a source of technical\ninformation and guidance for practitioners on the latest palliative care\nstrategies, therapies and medications. The department, in consultation\nwith the council, may contract with not-for-profit organizations or\nassociations to establish and manage resource centers. A resource center\nmay charge a fee to defray the cost of the service.\n  6. New York state palliative care education and training council.  (a)\nThe New York state palliative care education and training council is\nestablished in the department as an expert panel in palliative medicine,\neducation and training. Its members shall be appointed by the\ncommissioner. The commissioner shall seek recommendations for\nappointments to such council from New York state-based health care\nprofessional, consumer, medical institutional and medical educational\nleaders. Members of the council shall include: nine representatives of\nmedical schools and hospital organizations; two representatives of\nmedical academies; two patient advocates; individual representatives of\nan organization broadly representative of physicians, internal medicine,\nfamily physicians, nursing, social work, hospice, home care, neurology,\npsychiatry, pediatrics, obstetrics-gynecology, surgery, and the hospital\nphilanthropic community; and the executive director or a member of the\ngovernor's taskforce on life and the law and of the New York state\ncouncil on graduate medical education. Members shall have expertise in\npalliative care or pain management. Members shall serve a term of three\nyears with renewable terms. Members shall receive no compensation for\ntheir services, but shall be allowed actual and necessary expenses in\nthe performance of their duties.\n  (b) A chairperson and vice-chairperson of the council shall be elected\nannually by the council. The council shall meet upon the call of the\nchairperson, and may adopt bylaws consistent with this section.\n  (c) The commissioner shall designate such employees and provide other\nresources of the department as are reasonably necessary to provide\nsupport services to the council. The council, acting by the chair of the\ncouncil, may employ additional staff and consultants and incur other\nexpenses to carry out its duties, to be paid from amounts which may be\nmade available to the council for that purpose.\n  (d) The council may provide technical information and guidance for\npractitioners on the latest palliative care strategies, therapies and\nmedications.\n  7. Reports. The commissioner, in conjunction with the council, shall\nprepare and submit a report to the governor and the legislature, on or\nbefore February first, two thousand ten reporting the results and\nevaluating the effectiveness of this section.\n