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S00408 Summary:

BILL NOS00408
 
SAME ASSAME AS A05122
 
SPONSORBIAGGI
 
COSPNSRMYRIE
 
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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S00408 Actions:

BILL NOS00408
 
01/06/2021REFERRED TO HIGHER EDUCATION
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S00408 Text:



 
                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.
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