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A05122 Summary:

BILL NOA05122
 
SAME ASSAME AS S00408
 
SPONSORBenedetto
 
COSPNSR
 
MLTSPNSR
 
Add §§6533 & 6511-a, Ed L
 
Establishes the "New York patients' right to know act"; requires physicians and certain licensed professionals to disclose findings of certain misconduct to patients.
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A05122 Actions:

BILL NOA05122
 
02/11/2021referred to higher education
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A05122 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5122
 
SPONSOR: Benedetto
  TITLE OF BILL: An act to amend the education law, in relation to establishing the "New York patients' right to know act"   PURPOSE:: To ensure that New York patients' have the right to know the necessary information and professional conduct history of the doctors that are providing them with care.   SUMMARY OF PROVISIONS:: Section 1 establishes the title of the act as "New York patients' right to know act." Section 2 amends education law by adding section 6533 which allows patients to know if a physician is found guilty of professional miscon- duct. Section 3 amends education law by adding section 6511-a, stating that a person found guilty of professional misconduct shall provide disclosure of the implications to all patients. Section 4 provides an effective date.   JUSTIFICATION: The relationship between a physician and patient is one formed and sustained by mutual trust. Yet, there is no uniform standard allowing patients to be informed of a physician's professional misconduct while practicing medicine. The motivating force behind this bill is to facilitate a greater sense of transparency within the medical field to promote a safer healthcare industry for patients being served in New York State. When it comes to their safety and wellbeing, a patient deserves to be afforded the oppor- tunity to learn of any potential behavior that could negatively impact their state of being. A USA TODAY investigation found hundreds of instances of doctors across the United States accused of professional misconduct who had then gone on to forfeit their medical licenses in one state in order to keep prac- ticing in another state to avoid any blight on their professional record. With a law like the one proposed in place, patients will be equipped with the agency and knowledge to make well-informed decisions before choosing and/or continuing to receive care from the physicians they rely on and entrust with their care. https://www.lohud.com/story/news/investigations/2018/12/03/ how-canpa- tients-find-good-doctor-malpractice-misconduct/ 2190998002/   LEGISLATIVE HISTORY:: 2020-2019 A.8940 Referred to Higher Education   FISCAL IMPLICATIONS:: None to the State.   EFFECTIVE DATE:: This act shall take effect on the first July next succeeding the date on which it shall have become a law.
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A05122 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5122
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Higher Education
 
        AN ACT to amend the education law, in relation to establishing the  "New
          York patients' right to know act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York patients' right to know act".
     3    § 2. The education law is amended by adding a new section 6533 to read
     4  as follows:
     5    §  6533.  Patients'  right to know. 1. A physician found guilty of any
     6  category of professional misconduct as specified in subdivision  two  of
     7  this  section,  under  the  procedures prescribed in section two hundred
     8  thirty of the public health law, shall provide to all patients a disclo-
     9  sure which includes:
    10    (a) the penalties imposed upon such physician pursuant to section  two
    11  hundred  thirty-a  of  the  public  health  law, as added by chapter six
    12  hundred six of the laws of nineteen ninety-one, and the duration of such
    13  penalties;
    14    (b) the office of professional medical conduct's contact  information;
    15  and
    16    (c)  an explanation of how patients can find further information about
    17  such physician's history of misconduct on  the  office  of  professional
    18  medical conduct's internet website.
    19    2.  A  physician  found guilty of professional misconduct under any of
    20  the following subdivisions of section sixty-five hundred thirty of  this
    21  article  shall provide to all patients the disclosure required by subdi-
    22  vision one of this section:
    23    (a) professional misconduct under paragraph (a) of subdivision nine of
    24  section six thousand five hundred thirty of  this  article  involving  a
    25  criminal conviction where:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02953-01-1

        A. 5122                             2
 
     1    (i) such criminal conviction was for any sex offense under article one
     2  hundred  thirty of the penal law, and where such sex offense was commit-
     3  ted against a patient of such physician; or
     4    (ii)  such criminal conviction was for any other act resulting in harm
     5  to a patient;
     6    (b) professional misconduct under paragraph (e) of subdivision nine of
     7  section six thousand five hundred thirty of  this  article,  where  such
     8  physician  was  found  to be in violation of article thirty-three of the
     9  public health law; or
    10    (c) professional  misconduct  under  subdivision  seven  or  eight  of
    11  section  six  thousand  five  hundred  thirty  of this article involving
    12  impairment or abuse of alcohol or narcotics.
    13    3. A physician required to  provide  a  disclosure  pursuant  to  this
    14  section  shall  obtain  from all patients, or such patients' guardian or
    15  health care surrogate, a separate, signed copy of such disclosure.
    16    4. Notwithstanding any provision of this section to  the  contrary,  a
    17  physician  shall  not  be  required  to  provide a disclosure under this
    18  section if any of the following applies:
    19    (a) the patient is unconscious or otherwise unable to  comprehend  the
    20  disclosure  and sign the copy of such disclosure pursuant to subdivision
    21  three of this section, and  a  guardian  or  health  care  surrogate  is
    22  unavailable to comprehend such disclosure and sign a copy;
    23    (b)  the  visit occurs in an emergency room or an urgent care facility
    24  or such visit is unscheduled, including consultations given as a part of
    25  inpatient health care services, as  defined  by  subdivision  eleven  of
    26  section twenty-five hundred ten of the public health law;
    27    (c) such physician is not known to the patient until immediately prior
    28  to the start of the visit; or
    29    (d)  such physician does not have a direct treatment relationship with
    30  the patient.
    31    5. The board of the  office  of  professional  medical  conduct  shall
    32  create  the  disclosure  form  required  under  this  section, and shall
    33  provide such disclosure form on its website to be accessible  by  physi-
    34  cians.
    35    6.  The office of professional medical conduct shall make all informa-
    36  tion required to be included on disclosures  under  this  section  addi-
    37  tionally available on its website.
    38    §  3.  The  education law is amended by adding a new section 6511-a to
    39  read as follows:
    40    § 6511-a. Patients' right  to  know.  1.  For  the  purposes  of  this
    41  section, the following terms shall have the following meanings:
    42    (a)  "licensee"  means and shall be limited to individuals licensed or
    43  authorized to practice chiropractic under article one hundred thirty-two
    44  of this title, individuals licensed or authorized to  practice  podiatry
    45  under  article  one  hundred  forty-one  of  this title, and individuals
    46  licensed or authorized to practice acupuncture under article one hundred
    47  sixty of this title.
    48    (b) "the board" shall mean the board of regents.
    49    2. A licensee found guilty of any category of professional  misconduct
    50  as  specified in subdivision three of this section, under the procedures
    51  prescribed in section sixty-five hundred ten of this  subarticle,  shall
    52  provide to all clients a disclosure which includes:
    53    (a)  the  penalties  imposed  upon  such  licensee pursuant to section
    54  sixty-five hundred eleven of this subarticle, and the duration  of  such
    55  penalties;
    56    (b) the board's contact information; and

        A. 5122                             3
 
     1    (c)  an explanation of how patients can find further information about
     2  such licensee's history of misconduct on the board's internet website.
     3    3. A licensee found guilty of professional misconduct under any of the
     4  following subdivisions of section sixty-five hundred nine of this subar-
     5  ticle  shall provide to all patients the disclosure required by subdivi-
     6  sion two of this section:
     7    (a) professional misconduct under paragraph (a) of subdivision five of
     8  section six thousand five hundred thirty of this title involving a crim-
     9  inal conviction where:
    10    (i) such criminal conviction was for any sex offense under article one
    11  hundred thirty of the penal law, and where such sex offense was  commit-
    12  ted against a patient of such licensee; or
    13    (ii)  such criminal conviction was for any other act resulting in harm
    14  to a patient;
    15    (b) professional misconduct under paragraph (c) of subdivision five of
    16  section six thousand five hundred  thirty  of  this  title,  where  such
    17  licensee  was  found  to  be in violation of article thirty-three of the
    18  public health law; or
    19    (c) professional misconduct under subdivision three or four  involving
    20  impairment or abuse of alcohol or narcotics.
    21    4.  A  licensee  required  to  provide  a  disclosure pursuant to this
    22  section shall obtain from all patients, or such  patients'  guardian  or
    23  health care surrogate, a separate, signed copy of such disclosure.
    24    5.  Notwithstanding  any  provision  of this section to the contrary a
    25  licensee shall not be  required  to  provide  a  disclosure  under  this
    26  section if any of the following applies:
    27    (a)  the  patient is unconscious or otherwise unable to comprehend the
    28  disclosure and sign the copy of such disclosure pursuant to  subdivision
    29  four  of  this  section,  and  a  guardian  or  health care surrogate is
    30  unavailable to comprehend such disclosure and sign a copy;
    31    (b) the visit occurs in an emergency room or an urgent  care  facility
    32  or such visit is unscheduled, including consultations given as a part of
    33  inpatient  health  care  services,  as  defined by subdivision eleven of
    34  section twenty-five hundred ten of the public health law;
    35    (c) such licensee is not known to the patient until immediately  prior
    36  to the start of the visit; or
    37    (d)  such  licensee does not have a direct treatment relationship with
    38  the patient.
    39    6. The board shall create the  disclosure  form  required  under  this
    40  section,  and  shall  provide  such disclosure form on its website to be
    41  accessible by licensees.
    42    7. The board shall make all information required  to  be  included  on
    43  disclosures under this section additionally available on its website.
    44    §  4.  This act shall take effect on the first of July next succeeding
    45  the date on which it shall have become a law.
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