Establishes the "New York patients' right to know act"; requires physicians and certain licensed professionals to disclose findings of certain misconduct to patients.
STATE OF NEW YORK
________________________________________________________________________
408
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when
printed to be committed 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02953-01-1
S. 408 2
1 (a) professional misconduct under paragraph (a) of subdivision nine of
2 section six thousand five hundred thirty of this article involving a
3 criminal conviction where:
4 (i) such criminal conviction was for any sex offense under article one
5 hundred thirty of the penal law, and where such sex offense was commit-
6 ted against a patient of such physician; or
7 (ii) such criminal conviction was for any other act resulting in harm
8 to a patient;
9 (b) professional misconduct under paragraph (e) of subdivision nine of
10 section six thousand five hundred thirty of this article, where such
11 physician was found to be in violation of article thirty-three of the
12 public health law; or
13 (c) professional misconduct under subdivision seven or eight of
14 section six thousand five hundred thirty of this article involving
15 impairment or abuse of alcohol or narcotics.
16 3. A physician required to provide a disclosure pursuant to this
17 section shall obtain from all patients, or such patients' guardian or
18 health care surrogate, a separate, signed copy of such disclosure.
19 4. Notwithstanding any provision of this section to the contrary, a
20 physician shall not be required to provide a disclosure under this
21 section if any of the following applies:
22 (a) the patient is unconscious or otherwise unable to comprehend the
23 disclosure and sign the copy of such disclosure pursuant to subdivision
24 three of this section, and a guardian or health care surrogate is
25 unavailable to comprehend such disclosure and sign a copy;
26 (b) the visit occurs in an emergency room or an urgent care facility
27 or such visit is unscheduled, including consultations given as a part of
28 inpatient health care services, as defined by subdivision eleven of
29 section twenty-five hundred ten of the public health law;
30 (c) such physician is not known to the patient until immediately prior
31 to the start of the visit; or
32 (d) such physician does not have a direct treatment relationship with
33 the patient.
34 5. The board of the office of professional medical conduct shall
35 create the disclosure form required under this section, and shall
36 provide such disclosure form on its website to be accessible by physi-
37 cians.
38 6. The office of professional medical conduct shall make all informa-
39 tion required to be included on disclosures under this section addi-
40 tionally available on its website.
41 § 3. The education law is amended by adding a new section 6511-a to
42 read as follows:
43 § 6511-a. Patients' right to know. 1. For the purposes of this
44 section, the following terms shall have the following meanings:
45 (a) "licensee" means and shall be limited to individuals licensed or
46 authorized to practice chiropractic under article one hundred thirty-two
47 of this title, individuals licensed or authorized to practice podiatry
48 under article one hundred forty-one of this title, and individuals
49 licensed or authorized to practice acupuncture under article one hundred
50 sixty of this title.
51 (b) "the board" shall mean the board of regents.
52 2. A licensee found guilty of any category of professional misconduct
53 as specified in subdivision three of this section, under the procedures
54 prescribed in section sixty-five hundred ten of this subarticle, shall
55 provide to all clients a disclosure which includes:
S. 408 3
1 (a) the penalties imposed upon such licensee pursuant to section
2 sixty-five hundred eleven of this subarticle, and the duration of such
3 penalties;
4 (b) the board's contact information; and
5 (c) an explanation of how patients can find further information about
6 such licensee's history of misconduct on the board's internet website.
7 3. A licensee found guilty of professional misconduct under any of the
8 following subdivisions of section sixty-five hundred nine of this subar-
9 ticle shall provide to all patients the disclosure required by subdivi-
10 sion two of this section:
11 (a) professional misconduct under paragraph (a) of subdivision five of
12 section six thousand five hundred thirty of this title involving a crim-
13 inal conviction where:
14 (i) such criminal conviction was for any sex offense under article one
15 hundred thirty of the penal law, and where such sex offense was commit-
16 ted against a patient of such licensee; or
17 (ii) such criminal conviction was for any other act resulting in harm
18 to a patient;
19 (b) professional misconduct under paragraph (c) of subdivision five of
20 section six thousand five hundred thirty of this title, where such
21 licensee was found to be in violation of article thirty-three of the
22 public health law; or
23 (c) professional misconduct under subdivision three or four involving
24 impairment or abuse of alcohol or narcotics.
25 4. A licensee required to provide a disclosure pursuant to this
26 section shall obtain from all patients, or such patients' guardian or
27 health care surrogate, a separate, signed copy of such disclosure.
28 5. Notwithstanding any provision of this section to the contrary a
29 licensee shall not be required to provide a disclosure under this
30 section if any of the following applies:
31 (a) the patient is unconscious or otherwise unable to comprehend the
32 disclosure and sign the copy of such disclosure pursuant to subdivision
33 four of this section, and a guardian or health care surrogate is
34 unavailable to comprehend such disclosure and sign a copy;
35 (b) the visit occurs in an emergency room or an urgent care facility
36 or such visit is unscheduled, including consultations given as a part of
37 inpatient health care services, as defined by subdivision eleven of
38 section twenty-five hundred ten of the public health law;
39 (c) such licensee is not known to the patient until immediately prior
40 to the start of the visit; or
41 (d) such licensee does not have a direct treatment relationship with
42 the patient.
43 6. The board shall create the disclosure form required under this
44 section, and shall provide such disclosure form on its website to be
45 accessible by licensees.
46 7. The board shall make all information required to be included on
47 disclosures under this section additionally available on its website.
48 § 4. This act shall take effect on the first of July next succeeding
49 the date on which it shall have become a law.
