Requires the office of professional medical conduct to post on its website information on patients' reporting rights regarding professional misconduct involving sexual harassment and assault; requires physicians' practice settings to post signage directing their patients to the office of professional medical conduct's website for information about their rights and how to report professional misconduct.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7991A
SPONSOR: Simotas TITLE OF BILL:
An act to amend the public health law, in relation to posting informa-
tion on patients' reporting rights regarding professional misconduct
involving sexual harassment and assault
PURPOSE OR GENERAL IDEA OF BILL:
To give patients greater access to information on how to report sexual
misconduct committed by doctors to the Office of Professional Medical
Conduct.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 11 of section 230 of the public health law
to add a new paragraph (h) requiring the Office of Profession al Medical
Conduct to post on its website information on patients' rights and
reporting options regarding professional misconduct involving sexual
harassment and sexual assault, and requiring all doctor's offices to
conspicuously post signage directing patients to the website.
Section 2 provides the effective date.
JUSTIFICATION:
Patients place a great deal of trust in their doctors, and when doctors
abuse that trust and subject them to sexual violence it can be an
incredibly shocking and traumatizing experience. Marissa Hoechstetter, a
survivor who was sexually assaulted by her doctor during her pregnancy,
delivery and postpartum care, recently testified to the legislature on
how difficult it is for patients who have experienced these violations
to navigate the reporting system. The website for the Office of Profes-
sional Medical Conduct offers no guidance on these issues and never
explicitly mentions their role in receiving complaints of sexual harass-
ment and assault by medical professionals. Because often the first step
a victim feels safe in taking is to privately look online for informa-
tion, it is essential this website is updated to provide clear, direct
information about their rights and reporting options. This legislation
will help ensure patients who have experienced sexual abuse in medical
settings can easily access the information they need on how to report to
the Office of Professional Medical Conduct.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7991--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 30, 2019
___________
Introduced by M. of A. SIMOTAS, QUART, SAYEGH, MOSLEY, MORINELLO, ASHBY,
L. ROSENTHAL, JAFFEE, GOTTFRIED, HEVESI, SIMON -- read once and
referred to the Committee on Health -- recommitted to the Committee on
Health 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 public health law, in relation to posting informa-
tion on patients' reporting rights regarding professional misconduct
involving sexual harassment and assault
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 11 of section 230 of the public health law is
2 amended by adding a new paragraph (h) to read as follows:
3 (h) The office of professional medical conduct shall post on its
4 website information on patients' rights and reporting options under this
5 subdivision regarding professional misconduct, which shall specifically
6 include information on reporting instances of misconduct involving sexu-
7 al harassment and assault. All physicians' practice settings shall
8 conspicuously post signage, visible to their patients, directing such
9 patients to the office of professional medical conduct's website for
10 information about their rights and how to report professional miscon-
11 duct.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13002-03-0
