NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7750
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the public health law, in relation to requiring certain
health care providers to disclose the fact that the provider is on
probation to current and new patients
PURPOSE::
To strengthen protections and empower patients.by requiring licensee
disclosure of disciplinary status under specified circumstances, and
permitting patients to decline direct patient care from the licensee
being disciplined without penalty if they so choose.
SUMMARY OF PROVISIONS::
Section 1: Amends the public health law by adding a new paragraph C to
subdivision 18 of section 230 in relation to disclosure of disciplinary
status to new and current patients.
Paragraph C of subdivision 18 of section 230 details which health care
providers this act concerns; provides definitions; specifies under what
circumstances disclosure of disciplinary status is required, as well as
what information is to be disclosed to current and new patients; stipu-
lates that the disclosure of disciplinary status shall be provided to
the patient, or to the patient's guardian, health care surrogate, or
health care agent, who may elect to cancel the appointment or to decline
direct patient care from the licensee being disciplined; specifies that
licensees are not required to disclose disciplinary status prior to•
providing direct patient care if in the health care professional's judg-
ment an emergency exists and an attempt to secure consent would result
in delay of treatment that would increase the risk to the person's life
or health; stipulates that patients and patients' insurance companies
shall not be charged for appointments canceled upon being provided with
the disclosure; provides penalties for non-compliance; and stipulates
that the Commissioner of Health shall promulgate regulations and issue
forms to implement the requirements of this act.
Section 2: Establishes the effective date.
JUSTIFICATION:
The New York State Department of Health (NYS DOH) has procedures in
place to investigate reports of professional misconduct as well as to
determine appropriate disciplinary measures of licensed physicians,
physician assistants, and specialist assistants. Information is posted
on the NYS DOH Office of Professional Misconduct's website regarding
disciplinary actions taken against health care providers who have
engaged in professional misconduct.
These procedures are designed to protect New Yorkers from licensee
misconduct; however, several indicators point to the need for implemen-
tation of additional measures. Physician misconduct and discipline have
gained media and scholarly attention during recent years, which has
illuminated variations in the practices and performance of state medical
boards. In 2016, a study conducted by University of Michigan Medical
School researchers revealed that New York was one of the states with the
lowest rates of disciplinary actions.(1) A study of serious disciplinary
actions undertaken by state medical boards from 2017 - 2019 indicated
that New York, with the third highest number of licensed physicians, had
the sixth highest rate of serious disciplinary actions in the U.S.,
which was 30% lower than the highest ranking state.(2)
There has been extensive media reporting on physicians nationwide who
have committed sexual misconduct with patients and who continued to
practice. One such article highlighted the issue in New York (New York
Allowed a Sexual Predator to Practice Medicine for Decades), documenting
the case of a NYS-licensed physician who, following multiple allegations
of sexual misconduct with patients, violated his probationary terms with
Unsuspecting patients by examining female patients without a chaperone
and committing additional acts of sexual misconduct. (3) In 2020, the
Federation of State Medical Boards issued a report and recommendations
on physician sexual misconduct for state medical boards to help address
this critical issue, however, medical boards are not required to imple-
ment the recommendations.(4)
NYS DOH posts the disciplinary status of physicians, physician assist-
ants, and specialist assistants online; however, new and current
patients may not.be aware that it is possible to access disciplinary
status and where. All New Yorkers do not have access to the interne or
necessary technology or know-how to look up this information.
The purpose of this bill is to further protect New Yorkers by requiring
that certain licensees who have committed professional misconduct
provide notification of their disciplinary status prior to the first
visit of current and new patients following the disciplinary order.
LEGISLATIVE HISTORY::
01/03/24 referred to higher education
06/01/23 referred to higher education
2021-22: A.8050/ 5.485-A
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This act shall take effect January 1, 2027 and shall apply to all disci-
plinary orders issued on or after January 1, 2027. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
(1) For Doctors Behaving Badly, Punishments Vary by State:
HTTPS://WWWW.MICH/GANMEDICINE.ORGTHEALTH-LABKLOCTORSBEHAVINGBADLY-PUNISHM
ENTS-VARY-STATE
(2) Ranking Of The Rate Of State Medical Boards' Serious Disciplinary
Actions, 2017-2019:. HTTP://WWW.CITIZEN.ORG/WP-CONTENTIUPLOADS/2574.PDF
(3) See: HTTPS://WWW.VIL LAGEVOI
CE.COM/2018/03/29/NEW-YORKALLOWED-A-SEXUAL-PREDATOR-TO-PRACTICE-MED
ICINE-FORDECADES/
(4) Physician Sexual Misconduct: Report and Recommendations of the FSMB
Workgroup on Physician Sexual Misconduct:
HTTPSWWWW.FSMB.ORGISITEASSETS/ADVOCACY/POICIES/REPORT-OF- WORKGROUPON-
SEXUAL-PIISCONDUCTADOPTED-VERSION.PDF
STATE OF NEW YORK
________________________________________________________________________
7750
2025-2026 Regular Sessions
IN ASSEMBLY
April 8, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Higher Education
AN ACT to amend the public health law, in relation to requiring certain
health care providers to disclose the fact that the provider is on
probation to current and new patients
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 18 of section 230 of the public health law is
2 amended by adding a new paragraph (c) to read as follows:
3 (c) (i) As used in this paragraph:
4 (A) "licensee" means a physician, physician's assistant, or a special-
5 ist's assistant licensed under title eight of the education law who
6 provides direct patient care;
7 (B) "health care representative" means a health care agent designated
8 by an adult pursuant to article twenty-nine-C of this chapter, a health
9 care surrogate selected to make a health care decision on behalf of a
10 patient pursuant to section twenty-nine hundred ninety-four-d of this
11 chapter, a guardian authorized to decide about health care pursuant to
12 article eighty-one of the mental hygiene law, or a guardian appointed
13 pursuant to section seventeen hundred fifty-B of the surrogate's court
14 procedure act; and
15 (C) "health care" means any treatment, service, or procedure to diag-
16 nose or treat an individual's physical or mental condition.
17 (ii) Except as provided by subparagraph (v) of this paragraph, the
18 office of professional misconduct shall require a physician, physician's
19 assistant or specialist's assistant who has been found to have committed
20 misconduct by the office of professional misconduct or found guilty or
21 liable of an offense in a court of law pursuant to subparagraph (iii) of
22 this paragraph to disclose the following to current or new patients or
23 the patient's health care representative on a separate written document:
24 their status with the office of professional misconduct or from a court
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03774-01-5
A. 7750 2
1 of law; the length and expiration date of any penalties associated with
2 such finding of misconduct; the cause or causes for disciplinary action
3 stated in the order issued by the office of professional misconduct or a
4 court of law; all practice restrictions placed on the licensee by the
5 office of professional misconduct or a court of law; the address of the
6 office of professional misconduct's website; and the office of profes-
7 sional misconduct's telephone number. This notice shall be provided
8 prior to the patient's first visit, or prior to the patient receiving
9 health care from the physician, physician's assistant and specialist's
10 assistant following the finding of misconduct by the office of profes-
11 sional misconduct or of guilt or liability by a court of law of an
12 offense in any of the circumstances listed in clause (A), (B), (C) or
13 (D) of subparagraph (iii) of this paragraph. A licensee required to
14 provide a disclosure pursuant to this paragraph shall obtain from the
15 patient, or their health care representative, a separate, signed copy of
16 that disclosure prior to the patient entering the room where the licen-
17 see performs the treatment, service, procedure or other direct health
18 care; or in a hospital, ambulatory care center, or other health care
19 facility prior to the licensee performing any treatment, service, proce-
20 dure or other direct health care.
21 (iii) The physician, physician's assistant or specialist's assistant
22 shall provide the disclosure under the following circumstances:
23 (A) The physician, physician's assistant or specialist's assistant has
24 been found to have committed misconduct by the office of professional
25 misconduct or found liable or guilty by a court of law after a determi-
26 nation or stipulated settlement in of any of the following offenses:
27 (1) the commission of any act of sexual abuse, misconduct, exploita-
28 tion, or relations with a patient or client as defined in article one
29 hundred thirty, article two hundred thirty, or article two hundred
30 sixty-three of the penal law;
31 (2) drug or alcohol abuse directly resulting in harm to patients or
32 the extent that such use impairs the ability of the individual to prac-
33 tice safely;
34 (3) criminal conviction directly involving harm to patient health; or
35 (4) inappropriate prescribing resulting in harm to patients and a
36 probationary period of five years or more.
37 (B) The office of professional misconduct or a court of law ordered
38 any of the following regardless if the individual has been placed on
39 probation:
40 (1) a third-party chaperone shall be present when the individual exam-
41 ines patients as a result of sexual misconduct; or
42 (2) the individual shall submit to drug testing as a result of
43 substance abuse.
44 (C) The individual has not successfully completed a training program
45 or any associated examinations required by the office of professional
46 misconduct or a court of law as a condition of probation.
47 (D) The individual has been on probation for any offense more than
48 three times.
49 (iv) The individual shall obtain from each patient, or their health
50 care representative, a signed copy of the disclosure following the
51 disclosure described in subparagraph (iii) of this paragraph that
52 includes a written explanation of how the patient can find further
53 information on the licensee's actions on the office of professional
54 misconduct enforcement actions' website.
55 (v) The individual shall not be required to provide the disclosure
56 prior to performing any treatment, service, procedure, or other direct
A. 7750 3
1 health care as required by subdivision three of this section, if in the
2 health care professional's judgment, an emergency exists and the person
3 is in immediate need of medical attention, and an attempt to secure
4 consent would result in delay of treatment which would increase the risk
5 to such person's life or health, or if the patient is incapacitated and
6 the patient's health care representative is not reasonably available.
7 (vi) Should a patient, or their health care representative, elect to
8 cancel the patient's appointment, treatment, service, procedure, or
9 other direct health care with the individual upon being provided with
10 the disclosure required by subparagraph (iii) of this paragraph, neither
11 the patient nor the patient's insurance company shall be charged for the
12 appointment.
13 (vii) Any physician, physician's assistant or specialist's assistant
14 who violates the provisions of this paragraph shall be subject to a
15 penalty not to exceed two thousand dollars. Any individual who commits
16 subsequent, willful violations of the provisions of this paragraph shall
17 have their license suspended for a period of time to be determined by
18 the office of professional misconduct.
19 (viii) The commissioner shall promulgate regulations to implement the
20 requirements of this paragraph, and shall issue forms set forth that
21 shall be used to satisfy the written requirement specified in this para-
22 graph which shall also include:
23 (A) provisions that address a health care facility's responsibility to
24 ensure the patient receives care from an appropriate individual or to
25 transfer the patient if the patient refuses care from the individual
26 that has been found to have committed misconduct or has been found to be
27 liable or guilty of an offense by a court of law pursuant to subpara-
28 graph (iii) of this paragraph and another individual is not available at
29 the health care facility to provide care; and
30 (B) provisions related to enforcing of the requirements of this para-
31 graph.
32 § 2. This act shall take effect January 1, 2026 and shall apply to all
33 probationary orders issued on or after such effective date. Effective
34 immediately, the addition, amendment and/or repeal of any rule or regu-
35 lation necessary for the implementation of this act on its effective
36 date are authorized to be made and completed on or before such effective
37 date.
