Requires disclosure of both criminal sexual offense convictions and civil liability judgments against physicians to patients when such sexual offenses were committed against patients.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8245A
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the education law, in relation to requiring hospitals to
notify patients when physicians have been convicted of or been found
civilly liable for a sexual offense
PURPOSE::
This legislation will ensure medical facilities that employed a physi-
cian convicted of sexual abuse provide timely notification to other
potential victims.
SUMMARY OF SPECIFIC PROVISIONS::
Section one amends the education law by adding a new section 6511-a.
Section two establishes the effective date
JUSTIFICATION::
In July 2023, Robert Hadden, a former OB/GYN who practiced at Columbia
University Medical Center, was sentenced to 20 years in federal prison
for the sexual assault of patients under his care. Hadden was convicted
on four counts of luring patients across state lines to commit the abuse
and had previously entered a 2016 plea deal with the Manhattan District
Attorney's office for the sexual abuse of 19 other patients. In total,
hundreds of women have come forward to relate their experience of being
sexually abused by Hadden as patients under his care. Despite the serial
abuse and knowledge of the conviction, as of October 2023, Columbia
University has not notified former patients of Hadden's conviction.
People who commit horrific acts of sexual abuse often groom their
victims for months or years prior, earning their trust and convincing
them to stay silent. It can take many years before a person who suffered
sexual abuse processes what happened to them and makes the decision to
come forward, especially when the abuse was committed by a trusted
doctor. Notifying other patients of a conviction could help them recog-
nize the abuse they have suffered and help victims feel more comfortable
speaking out and seeking justice. This legislation would create a system
for the proper and timely notice of current and former patients when a
physician has been convicted of or found civilly liable for a sexual
offense.
LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS::
None to the State.
EFFECTIVE DATE::
60 days.
STATE OF NEW YORK
________________________________________________________________________
8245--A
2023-2024 Regular Sessions
IN ASSEMBLY
November 15, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to requiring hospitals to
notify patients when physicians have been convicted of or been found
civilly liable for a sexual offense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6511-a
2 to read as follows:
3 § 6511-a. Disclosure of sexual offense convictions. 1. Upon the
4 conviction of any physician for a sexual offense as defined in article
5 one hundred thirty of the penal law, or upon a finding of civil liabil-
6 ity involving the commission of a sexual offense, committed against a
7 patient of such physician, the physician shall provide to the court a
8 list of all medical practices, offices, hospitals and health care facil-
9 ities with which such physician has practiced or been affiliated. The
10 court shall send notification to all such medical practices, offices,
11 hospitals and other health care facilities that the physician has been
12 convicted of a sexual offense or been held civilly liable for a sexual
13 offense against a patient and that such office, practice, hospital or
14 health care facility is required to provide all current and previous
15 patients of such physician a disclosure which includes:
16 (a) the name, address, and license or registration number of such
17 physician;
18 (b) any criminal conviction of such physician for a sexual offense as
19 defined in article one hundred thirty of the penal law;
20 (c) the findings in any civil proceeding brought against such physi-
21 cian which resulted in liability for a sexual offense;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11778-07-3
A. 8245--A 2
1 (d) the penalties imposed upon such physician by the applicable state
2 board having jurisdiction over matters of misconduct, and the duration
3 of such penalties;
4 (e) the contact information for the appropriate state board;
5 (f) an explanation of how patients can find further information about
6 any history of misconduct by such physician on the website of the
7 department or applicable board; and
8 (g) how to report instances of misconduct by physicians.
9 2. Disclosures made pursuant to this section shall be in writing, and
10 shall be sent to patients by certified or registered mail, return
11 receipt requested, to their last known address and by electronic mail if
12 an electronic mail address is on file.
13 3. The state board having jurisdiction over the licensing and conduct
14 of physicians shall create a standard disclosure form for use as
15 required under this section, and shall provide such disclosure form and
16 any information required to be included on such disclosures on its
17 website to be accessible by hospitals and other health care facilities
18 approved pursuant to this article.
19 4. A medical office or practice or a hospital or health care facility
20 shall notify the court that the disclosures to patients required by this
21 section have been made. Such notice shall include how many disclosures
22 were sent and the oldest dates of medical records available.
23 5. In the event the court is unable to notify a medical practice,
24 office, hospital or other health care facility of the conviction of an
25 affiliated physician, such information shall be relayed to the depart-
26 ment. The department, in coordination with the department of health,
27 shall make a reasonable effort to locate the medical records of such
28 patients and send patients the disclosure form required by this section.
29 6. The penalty imposed by the board of regents on medical practices,
30 offices, hospitals and health care facilities found guilty of violating
31 subdivision one of this section by not fulfilling its disclosure
32 requirements within thirty days shall be a fine of twenty thousand
33 dollars for each thirty-day period until such disclosures are made.
34 § 2. This act shall take effect on the sixtieth day after it shall
35 have become a law.
