N.Y. Public Health Law § 2807-n: Palliative care education and training

§ 2807-n. Palliative care education and training. 1. Definitions. The

following words or phrases as used in this section shall have the

following meanings:

(a) "Palliative care" shall mean (i) the active, interdisciplinary

care of patients with advanced, life limiting illness, focusing on

relief of distressing physical and psychosocial symptoms and meeting

spiritual needs. Its goal is achievement of the best quality of life for

patients and families as defined by paragraph (b) of subdivision two of

section four thousand twelve-b of this chapter; and (ii) it shall also

include similar care for patients with chronic or acute pain.

(b) "Palliative care certified medical school" shall mean a medical

school in the state which is an institution granting a degree of doctor

of medicine or doctor of osteopathic medicine in accordance with

regulations by the commissioner of education under subdivision two of

section sixty-five hundred twenty-four of the education law, and which

meets standards defined by the commissioner of health, after

consultation with the council, pursuant to regulations, and used to

determine whether a medical school is eligible for funding under this

section.

(c) "Palliative care certified residency program" shall mean a

graduate medical education program in the state which has received

accreditation from a nationally recognized accreditation body for

medical or osteopathic residency programs, and which meets standards

defined by the commissioner, after consultation with the council,

pursuant to regulations, and used to determine whether a residency

training program is eligible for funding under this section.

(d) "New York state palliative care education and training council" or

"council" shall mean the New York state palliative care education and

training council established pursuant to subdivision six of this

section.

2. Grants for undergraduate medical education in palliative care. (a)

The commissioner is authorized, within amounts appropriated for such

purpose to make grants to palliative care certified medical schools to

enhance the study of palliative care, increase the opportunities for

undergraduate medical education in palliative care and encourage the

education of physicians in palliative care.

(b) Grant proceeds under this subdivision may be used for faculty

development in palliative care; recruitment of faculty with expertise in

palliative care; costs incurred teaching medical students at

hospital-based sites, non-hospital-based ambulatory care settings,

palliative care sites, hospices, certified home health agencies,

licensed long term home health care programs and AIDS home care programs

including, but not limited to, personnel, administration and

student-related expenses; expansion or development of programs that

train physicians in palliative care; and other innovative programs

designed to increase the competency of medical students to provide

hospice or palliative care.

(c) Grants under this subdivision shall be awarded by the commissioner

through a competitive application process to the council. The council

shall make recommendations for funding to the commissioner. In making

awards, consideration shall be given to applicants who:

(i) plan to incorporate palliative care longitudinally throughout the

medical school curriculum according to professionally recognized

standards including, but not limited to, a plan that covers the seven

domains identified in the Palliative Education Assessment Tool (PEAT) as

developed by the New York Academy of Medicine and the Associated Medical

Schools of New York State and Weill Cornell Medical College;

(ii) function in collaboration with hospital-based palliative care

programs and non-hospital-based sites; and

(iii) make complementary efforts to recruit or train qualified faculty

in palliative care education.

(d) The intent of this subdivision is to augment or increase

palliative care undergraduate medical education. Grant funding shall not

be used to offset existing expenditures that the medical school has

obligated or intends to obligate for palliative care education programs.

3. Grants for graduate medical education in palliative care. (a) The

commissioner is authorized, within amounts appropriated for such purpose

to make grants in support of palliative care certified residency

education programs to establish or expand education in palliative care

for graduate medical education, and to increase the opportunities for

trainee education in palliative care in hospital-based palliative care

programs or non-hospital-based care sites.

(b) Grants under this subdivision for graduate medical education and

education in palliative care may be used for administration, faculty

recruitment and development, start-up costs and costs incurred teaching

palliative care in hospital-based palliative care programs or

non-hospital-based care sites, including, but not limited to, personnel,

administration and trainee related expenses and other expenses judged

reasonable and necessary by the commissioner.

(c) Grants under this subdivision shall be awarded by the commissioner

through a competitive application process to the council. The council

shall make recommendations for funding to the commissioner. In making

awards, the commissioner shall consider the extent to which the

applicant:

(i) plans to incorporate palliative care longitudinally throughout the

residency training program according to professionally recognized

standards including, but not limited to, a plan that covers the seven

domains identified in the Palliative Education Assessment Tool (PEAT) as

developed by the New York Academy of Medicine and the Associated Medical

Schools of New York State and Weill Cornell Medical College;

(ii) functions in collaboration with hospital-based palliative care

programs or non-hospital-based sites, or both; and

(iii) makes complementary efforts to recruit or train qualified

faculty in palliative care education.

(d) The intent of this subdivision is to augment or increase training

in palliative care during residency. Grant funding shall not be used to

offset existing expenditures the institution or program has obligated or

intends to obligate for such training programs.

4. Centers for palliative care excellence. The commissioner shall

designate organizations licensed pursuant to this article and article

forty of this chapter, upon successful application, as centers for

palliative care excellence. Such designations shall be pursuant to an

application as designed by the department, and based on service,

staffing and other criteria as developed by the council. Such centers of

excellence shall provide specialized palliative care, treatment,

education and related services. Designation as a center for palliative

care excellence shall not entitle a center to enhanced reimbursement,

but may be utilized in outreach and other promotional activities.

5. Palliative care practitioner resource centers. The commissioner, in

consultation with the council, may designate palliative care

practitioner resource centers (a "resource center"). A resource center

may be statewide or regional, and shall act as a source of technical

information and guidance for practitioners on the latest palliative care

strategies, therapies and medications. The department, in consultation

with the council, may contract with not-for-profit organizations or

associations to establish and manage resource centers. A resource center

may charge a fee to defray the cost of the service.

6. New York state palliative care education and training council. (a)

The New York state palliative care education and training council is

established in the department as an expert panel in palliative medicine,

education and training. Its members shall be appointed by the

commissioner. The commissioner shall seek recommendations for

appointments to such council from New York state-based health care

professional, consumer, medical institutional and medical educational

leaders. Members of the council shall include: nine representatives of

medical schools and hospital organizations; two representatives of

medical academies; two patient advocates; individual representatives of

an organization broadly representative of physicians, internal medicine,

family physicians, nursing, social work, hospice, home care, neurology,

psychiatry, pediatrics, obstetrics-gynecology, surgery, and the hospital

philanthropic community; and the executive director or a member of the

governor's taskforce on life and the law and of the New York state

council on graduate medical education. Members shall have expertise in

palliative care or pain management. Members shall serve a term of three

years with renewable terms. Members shall receive no compensation for

their services, but shall be allowed actual and necessary expenses in

the performance of their duties.

(b) A chairperson and vice-chairperson of the council shall be elected

annually by the council. The council shall meet upon the call of the

chairperson, and may adopt bylaws consistent with this section.

(c) The commissioner shall designate such employees and provide other

resources of the department as are reasonably necessary to provide

support services to the council. The council, acting by the chair of the

council, may employ additional staff and consultants and incur other

expenses to carry out its duties, to be paid from amounts which may be

made available to the council for that purpose.

(d) The council may provide technical information and guidance for

practitioners on the latest palliative care strategies, therapies and

medications.

7. Reports. The commissioner, in conjunction with the council, shall

prepare and submit a report to the governor and the legislature, on or

before February first, two thousand ten reporting the results and

evaluating the effectiveness of this section.