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religion, socioeconomic status, age, disability, or other characteristic.” In order to satisfy the implicit bias training requirements, the Final Rules require the implicit bias training to be related to reducing barriers and disparities in access to and delivery of health care services, and meet all of the following requirements:
(1) The training content must include 1 or more of the following topics:
• Information on implicit bias, equitable access to health care, serving a diverse population, diversity and inclusion initiatives, and cultural sensitivity.
• Strategies to remedy the negative impact
of implicit bias by recognizing and understanding how it impacts perception, judgment, and actions that may result in inequitable decision making, failure to effectively communicate, and result in barriers and disparities in the access to and delivery of health care services.
• The historical basis and present consequences of implicit biases based on an individual’s characteristics.
• Discussion of current research on implicit bias in the access to and delivery of health care services.
(2) The training must include strategies to reduce disparities in access to and delivery of health care services and the administration of pre- and post- test implicit bias assessments.
(3) The training must be sponsored by an approved agency or organization, including the following:
•
•
•
Training offered by a nationally-recognized or state-recognized health-related organization,
an accredited college or university, or an organization specializing in diversity, equity and inclusion issues;
Training offered by or in conjunction with, a state or federal agency;
Training obtained in an educational program approved by the board of the individual’s health profession for initial licensure or registration or for the accumulation of continuing education credits.
(4) The training must be completed via a teleconference or webinar that permits live synchronous interaction, a live presentation, or interactive online instruction.
A submission of an application for licensure, registration or renewal after June 1, 2022 constitutes an applicant’s certificate of compliance with the implicit bias training requirements. Physicians and other health professionals who fail to complete the required implicit bias training in addition to all other continuing education requirements before applying for licensure, registration or renewal may be subject to disciplinary action by LARA. Thus, before registering for implicit bias training, physicians and other health professionals should ensure that such training meets the requirements set forth in the Final Rules.
*Kathleen A. Westfall is a member of Kerr, Russell and Weber, PLC. Her practice focuses on health care and insurance. For more information about this article, Mrs. Westfall may be contacted at (313) 961-0200, kwestfall@kerr-russell.com. This publication is furnished for informational purposes only, and receipt hereof does not establish an attorney-client relationship. It does not communicate legal advice by the Wayne County Medical Society, Mrs. Westfall or Kerr, Russell and Weber,PLC. © 2021 Kerr, Russell and Weber, PLC
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