NEW JERSEY REGISTER
VOLUME 40, ISSUE 7
ISSUE DATE: APRIL 7, 2008
RULE ADOPTIONS
LAW AND PUBLIC SAFETY
DIVISION OF
Adopted New
Rule: N.J.A.C. 13:35-6.25
Cultural
Competency Training
Proposed: June
4, 2007 at 39 N.J.R. 2202(a).
Adopted:
December 12, 2007 by the Board of Medical Examiners, Mario A. Criscito, M.D.,
President.
Filed:
February 29, 2008 as R.2008 d.77, with technical changes not requiring
additional public notice and comment (see N.J.A.C. 1:30-6.3).
Authority:
N.J.S.A. 45:9-7.2, 7.3 and 7.4; 45:1-15.1; and 45:9-2.
Effective
Date: April 7, 2008.
Expiration
Date: March 17, 2010.
Federal
Standards Statement
A Federal
standards analysis is not required because the new rule was proposed pursuant
to N.J.S.A. 45:9-7.2 through 7.4, and is not subject to any Federal
requirements or standards.
Full text of
the adoption follows (additions to the proposal indicated in boldface with
asterisks *thus*; deletions from the proposal indicated in brackets with
asterisks *[thus]*):
13:35-6.25
Cultural competency training
(a) When used
in this section, the following terms shall have the following meanings unless
the context clearly indicates otherwise:
"College
of medicine" means a college accredited by the Liaison Committee on
Medical Education, the American Osteopathic Association (AOA), or other
accrediting agency with comparable accrediting standards as recognized by the
New Jersey Board of Medical Examiners. Schools accredited by the Council of
Podiatric Medical Education (CPME) to confer the degree D.P.M. in
"Continuing
medical education" or "CME" means post-secondary educational
activity, which must be: 1. designated Category 1, as defined in the American
Medical Association (AMA) Physicians Recognition Award booklet, incorporated
herein by reference, as amended and supplemented and available at
www.ama-assn.org; 2. designated Category 1a, 1b or 2A in the AOA CME Guide for Osteopathic
Physicians, incorporated herein by reference, as amended and supplemented, and
available at www.do-online.org; 3. prescribed *[hours]* *credit*, as designated
by the American *[Association]* *Academy* of Family *[Practitioners]*
*Physicians* (AAFP) Commission on Continuing Professional Development *in the
AAFP CME Guidelines, incorporated herein by reference, as amended and
supplemented and available at www.aafp.org*; or 4. approved contact hours, as
designated by the Council on Podiatric Medical Education (CPME); and which must
be provided by sponsors accredited, recognized or approved at the time of the
educational activity by the Accreditation Council on Continuing Medical
Education (ACCME), the AOA, the AAFP, or as to podiatrists, the CPME.
"Cultural
competency training" means a curriculum developed in consultation with the
Association of American Medical Colleges (AAMC) or another nationally
recognized organization, which reviews medical school curricula, designed to
address the problem of race and gender-based disparities in medical treatment
decisions and to improve the sensitivity to and awareness of values in diverse
communities that may affect the delivery of health care.
"Physician"
means an individual holding an M.D. or D.O. degree licensed pursuant to
N.J.S.A. 45:9-1 et seq.
"Podiatrist"
means an individual holding a D.P.M. degree licensed pursuant to N.J.S.A.
45:5-1 et seq.
"Post-secondary
education" means education obtained in a professional school, graduate
medical education or continuing medical education consisting of courses with
content deemed, by the Board, to be substantially equivalent to cultural
competency curriculum criteria established by the Board.
"Practitioner"
means a physician or a podiatrist.
(b) Each
college of medicine in this State shall provide cultural competency training,
as identified in (d) below, completion of which shall be required as a
condition of receiving a diploma from a college of medicine in this State.
(c) Cultural
competency training for CME credit shall be offered by each college of medicine
in this State. The training shall satisfy the criteria for cultural competency
training established by the Board.
(d) To be
recognized in satisfaction of the cultural competency training requirement applicable
to licensees, any CME program of instruction shall be of at least six hours
duration, offered in the classroom, or through workshops, over the internet or
through other venues, that provides:
1. A context
for the training, common definitions of cultural competence, race, ethnicity
and culture and tools for self-assessment;
2. An
appreciation for the traditions and beliefs of diverse patient populations, at
multiple levels -- as individuals, in families and as part of a larger
community;
3. An understanding
of the impact that stereotyping can have on medical decision-making;
4. Strategies
for recognizing patterns of health care disparities and eliminating factors
influencing them;
5. Approaches
to enhance cross-cultural clinical skills, such as those relating to
history-taking, problem solving and promoting patient compliance; and
6. Techniques
to deal with language barriers and other communication needs, including working
with interpreters.
(e) A
physician who was licensed to practice medicine prior to March 24, 2005, and
who did not receive instruction in cultural competency training as part of the
curriculum of a college of medicine shall, as a condition of the next renewal
after March 24, 2008, document completion of CME or equivalent post-secondary
education in cultural competency training pursuant to (d) above before being
granted licensure renewal by the Board. Cultural competency training shall be
in addition to the CME required by the Board at N.J.A.C. 13:35-6.15.
(f) A
podiatrist who was licensed to practice podiatry prior to March 24, 2005, and
who did not receive instruction in cultural competency training as part of the
curriculum of a college of medicine shall, as a condition of the next renewal
after March 24, 2008, document completion of CME or equivalent post-secondary
education in cultural competency training pursuant to (d) above before being
granted licensure renewal by the Board. Cultural competency training may be
included in the CME required by the Board at N.J.A.C. 13:35-6.15.
(g) A
practitioner licensed to practice after March 24, 2005, but on or before June
29, 2007, who did not receive instruction in cultural competency training as
part of the curriculum of a college of medicine, as a condition of the next
renewal after March 24, 2008, shall document completion of CME or equivalent
post-secondary education in cultural competency training pursuant to (d) above
before being granted licensure renewal by the Board. Cultural competency
training may be included in the CME required by the Board at N.J.A.C.
13:35-6.15.
(h) A
practitioner licensed to practice on or after the date of the expiration of the
next licensure cycle (June 30, 2007 for physicians and October 31, 2007 for
podiatrists) who did not receive instruction in cultural competency training as
part of the curriculum of a college of medicine, shall document completion of
CME or equivalent post-secondary education in cultural competency training
pursuant to (d) above by the end of the next complete renewal cycle after he or
she was licensed. Cultural competency training may be included in the CME
required by the Board at N.J.A.C. 13:35-6.15.
(i) The Board,
or its designee, may waive the cultural competency training CME requirement for
an applicant who is applying for relicensure and who can demonstrate to the
satisfaction of the Board that he or she has attained the substantial
equivalent of the cultural competency training CME requirement through
completion of a similar course in his or her post-secondary education.