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: A2205
SPONSOR: Rosenthal 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
recognize 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:
2022-23: A.8245-A - Referred to Higher Education
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
60 days.
STATE OF NEW YORK
________________________________________________________________________
2205
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Higher Education
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;
22 (d) the penalties imposed upon such physician by the applicable state
23 board having jurisdiction over matters of misconduct, and the duration
24 of such penalties;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05696-01-5
A. 2205 2
1 (e) the contact information for the appropriate state board;
2 (f) an explanation of how patients can find further information about
3 any history of misconduct by such physician on the website of the
4 department or applicable board; and
5 (g) how to report instances of misconduct by physicians.
6 2. Disclosures made pursuant to this section shall be in writing, and
7 shall be sent to patients by certified or registered mail, return
8 receipt requested, to their last known address and by electronic mail if
9 an electronic mail address is on file.
10 3. The state board having jurisdiction over the licensing and conduct
11 of physicians shall create a standard disclosure form for use as
12 required under this section, and shall provide such disclosure form and
13 any information required to be included on such disclosures on its
14 website to be accessible by hospitals and other health care facilities
15 approved pursuant to this article.
16 4. A medical office or practice or a hospital or health care facility
17 shall notify the court that the disclosures to patients required by this
18 section have been made. Such notice shall include how many disclosures
19 were sent and the oldest dates of medical records available.
20 5. In the event the court is unable to notify a medical practice,
21 office, hospital or other health care facility of the conviction of an
22 affiliated physician, such information shall be relayed to the depart-
23 ment. The department, in coordination with the department of health,
24 shall make a reasonable effort to locate the medical records of such
25 patients and send patients the disclosure form required by this section.
26 6. The penalty imposed by the board of regents on medical practices,
27 offices, hospitals and health care facilities found guilty of violating
28 subdivision one of this section by not fulfilling its disclosure
29 requirements within thirty days shall be a fine of twenty thousand
30 dollars for each thirty-day period until such disclosures are made.
31 § 2. This act shall take effect on the sixtieth day after it shall
32 have become a law.
