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.