NY State Senate Bill 2009-S1874

Senate Bill S1874

2009-2010 Legislative Session

Provides for security and internal risk management procedures to protect patients from sexual misconduct and other crime in hospitals and mental institutions

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Feb 09, 2009	referred to health

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2009-S1874 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 28-F §§2899-aa - 2899-gg, Pub Health L; add Art 30 §§30.01 - 30.13, Ment Hyg L

2009-S1874 (ACTIVE) - Summary

Provides for security and internal risk management procedures to protect patients from sexual misconduct and other crime in hospitals and mental institutions; applies in cities having a population of one million or more; requires such facilities to appoint an internal risk manager; requires training and mandatory reporting to police and the state department having regulatory jurisdiction

2009-S1874 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1874

 TITLE OF BILL :
An act to amend the public health law and the mental hygiene law, in
relation to security within certain hospitals and facilities;
providing certain staffing requirements for internal risk management
programs; requiring the investigation and reporting of an allegation
of sexual misconduct, sexual abuse, or other criminal misconduct at
certain health care facilities; prohibiting false allegations;
providing a penalty; and authorizing release of employee records of a
licensed facility to other employers


 PURPOSE :
This bill provides for security and internal risk management
procedures to protect patients from sexual misconduct and other crimes
in hospitals and mental institutions by requiring that every such
facility establish an internal risk management program subject to the
provisions of this bill.

 SUMMARY OF PROVISIONS :
This bill would amend the Public Health Law by adding a new article,
28-F, which includes Section 2899-aa - 2899-gg and also amend the
Mental Hygiene Law by adding a new article 30.  The bill provides that
every hospital shall, as part of its administrative functions,
establish an internal risk management program which calls for the

education and training of all non-physician personnel as part of their
initial orientation; a conditional prohibition against a staff member
of the hospital attending a patient in the emergency room unless the
staff member is in the company of at least one other person; the
establishment of the position of internal risk manager and procedures
for the investigation and report of misconduct. The bill further
provides that a person who intentionally makes a false allegation of
sexual misconduct against a member of a hospital's personnel is guilty
of a misdemeanor and shall be punished by imprisonment for a period of
up to three months and subject to an administrative fine not to exceed
$5,000.00.  Lastly, the bill provides for report and record keeping
procedures and authorizes the release of employee records of a
licensed facility to other employers.

 JUSTIFICATION :
It is clear from the many unfortunate incidents of sexual misconduct
and other criminal acts that have recently occurred in hospitals
within New York State that the time  has come to impose upon hospitals
the obligation to provide for security and internal risk management
procedures to protect patients.  Although most all hospitals
internally provide for security measures to protect patients, it has
become apparent that many of these efforts are insufficient and do not
achieve their intended purpose.  Many vulnerable and unsuspecting
patients, believing to be secure in a hospital environment, have
fallen prey due to lapses in security.  This bill is important and
necessary in that it statutorily imposes upon hospitals an affirmative
obligation by establishing security and internal risk management
procedures to protect patients from sexual misconduct and other crimes
while in hospitals.
 LEGISLATIVE HISTORY :
1996 - A8571  - referred to health.
1998 - A4288 - referred to health.
2000 - A5314 - referred to health
2002 - A2240 - referred to health
2004 - A2698 - referred to health
2008 - S2242 - referred to health

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date of enactment.

2009-S1874 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1874

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sens.  KLEIN,  DILAN,  ONORATO,  SAMPSON, SAVINO, SMITH,
  STACHOWSKI, VALESKY -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Health

AN ACT to amend the public health law and the  mental  hygiene  law,  in
  relation  to security within certain hospitals and facilities; provid-
  ing  certain  staffing  requirements  for  internal  risk   management
  programs;  requiring  the investigation and reporting of an allegation
  of sexual misconduct, sexual abuse, or other  criminal  misconduct  at
  certain health care facilities; prohibiting false allegations; provid-
  ing  a  penalty;  and  authorizing  release  of  employee records of a
  licensed facility to other employers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
28-F to read as follows:
                              ARTICLE 28-F
                            HOSPITAL SECURITY
SECTION 2899-AA. DEFINITIONS.
        2899-BB. APPLICABILITY.
        2899-CC. INTERNAL RISK MANAGEMENT PROGRAM.
        2899-DD. INVESTIGATION AND REPORT OF MISCONDUCT.
        2899-EE. FALSE ALLEGATIONS.
        2899-FF. PENALTY.
        2899-GG. RECORDS.
  S 2899-AA. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CRIME"  MEANS  ANY ACT DEFINED AS A FELONY OR MISDEMEANOR BY THE
PENAL LAW.
  (B) "HOSPITAL" INCLUDES ANY INSTITUTION DEFINED AS A HOSPITAL BY ARTI-
CLE TWENTY-EIGHT OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02910-01-9

S. 1874                             2

  (C) "SEXUAL MISCONDUCT" INCLUDES ANY  CRIME  DEFINED  IN  ARTICLE  ONE
HUNDRED THIRTY OF THE PENAL LAW.
  S  2899-BB.  APPLICABILITY. THE PROVISIONS OF THIS ARTICLE SHALL APPLY
IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE.
  S 2899-CC.  INTERNAL RISK MANAGEMENT PROGRAM. EVERY HOSPITAL SHALL, AS
A PART OF ITS  ADMINISTRATIVE  FUNCTIONS,  ESTABLISH  AN  INTERNAL  RISK
MANAGEMENT PROGRAM THAT INCLUDES ALL OF THE FOLLOWING COMPONENTS:
  (A)  THE  INVESTIGATION  AND  ANALYSIS  OF THE FREQUENCY AND CAUSES OF
GENERAL CATEGORIES AND SPECIFIC TYPES OF ADVERSE INCIDENTS CAUSING INJU-
RY TO PATIENTS.
  (B) THE DEVELOPMENT OF APPROPRIATE MEASURES TO MINIMIZE  THE  RISK  OF
INJURIES  AND  ADVERSE INCIDENTS TO PATIENTS, INCLUDING, BUT NOT LIMITED
TO:
  (1) RISK MANAGEMENT AND RISK PREVENTION EDUCATION AND TRAINING OF  ALL
NONPHYSICIAN PERSONNEL AS FOLLOWS:
  (I)  SUCH EDUCATION AND TRAINING OF ALL NONPHYSICIAN PERSONNEL AS PART
OF THEIR INITIAL ORIENTATION;
  (II) AT LEAST ONE HOUR OF SUCH EDUCATION AND TRAINING ANNUALLY FOR ALL
NONPHYSICIAN PERSONNEL OF THE  LICENSED  FACILITY  WORKING  IN  CLINICAL
AREAS AND PROVIDING PATIENT CARE;
  (III)  THE ANALYSIS OF PATIENT GRIEVANCES WHICH RELATE TO PATIENT CARE
AND POSSIBLE CASES OF MISCONDUCT; AND
  (IV) THE DEVELOPMENT  AND  IMPLEMENTATION  OF  AN  INCIDENT  REPORTING
SYSTEM  BASED UPON THE AFFIRMATIVE DUTY OF ALL HEALTH CARE PROVIDERS AND
ALL AGENTS AND EMPLOYEES OF THE HOSPITAL TO REPORT ADVERSE INCIDENTS  TO
THE RISK MANAGER.
  (2)  A PROHIBITION, EXCEPT WHEN EMERGENCY CIRCUMSTANCES REQUIRE OTHER-
WISE, AGAINST A STAFF MEMBER OF THE HOSPITAL ATTENDING A PATIENT IN  THE
RECOVERY  ROOM,  UNLESS  THE  STAFF  MEMBER  IS AUTHORIZED TO ATTEND THE
PATIENT IN THE RECOVERY ROOM AND IS IN THE COMPANY OF AT LEAST ONE OTHER
PERSON. HOWEVER, A HOSPITAL IS EXEMPT FROM THE TWO-PERSON REQUIREMENT IF
IT HAS:
  (I) LIVE VISUAL OBSERVATION;
  (II) ELECTRONIC OBSERVATION; OR
  (III) ANY OTHER REASONABLE MEASURE TAKEN TO ENSURE PATIENT  PROTECTION
AND PRIVACY.
  (3) THE ESTABLISHMENT OF THE POSITION OF INTERNAL RISK MANAGER.
  S  2899-DD.  INVESTIGATION AND REPORT OF MISCONDUCT. THE INTERNAL RISK
MANAGER OF EACH HOSPITAL SHALL:
  (A) NOTIFY THE FAMILY OR GUARDIAN OF THE VICTIM, IF A MINOR,  THAT  AN
ALLEGATION OF SEXUAL MISCONDUCT OR OTHER CRIME HAS BEEN MADE AND THAT AN
INVESTIGATION IS BEING CONDUCTED;
  (B)  INVESTIGATE  EVERY ALLEGATION OF SEXUAL MISCONDUCT OR OTHER CRIME
WHICH IS MADE AGAINST A MEMBER OF THE HOSPITAL'S PERSONNEL OR A PATIENT,
WHEN THE ALLEGATION  IS  THAT  THE  SEXUAL  MISCONDUCT  OR  OTHER  CRIME
OCCURRED AT THE HOSPITAL OR ON THE GROUNDS OF THE HOSPITAL;
  (C)  REPORT  EVERY  ALLEGATION OF SEXUAL OR CRIMINAL MISCONDUCT TO THE
ADMINISTRATOR OF THE HOSPITAL; AND
  (D) ANY EMPLOYEE WHO WITNESSES OR WHO POSSESSES ACTUAL KNOWLEDGE OF AN
ACT THAT CONSTITUTES SEXUAL MISCONDUCT OR OTHER CRIME SHALL:
  (1) NOTIFY THE LOCAL POLICE; AND
  (2) NOTIFY THE INTERNAL RISK MANAGER AND THE HOSPITAL ADMINISTRATOR.
  S 2899-EE. FALSE ALLEGATIONS. A PERSON WHO, WITH MALICE OR WITH INTENT
TO DISCREDIT OR HARM A HOSPITAL OR ANY PERSON, MAKES A FALSE  ALLEGATION
OF SEXUAL MISCONDUCT AGAINST A MEMBER OF A HOSPITAL'S PERSONNEL IS GUIL-

S. 1874                             3

TY  OF A MISDEMEANOR, AND SHALL BE PUNISHED BY IMPRISONMENT FOR A PERIOD
OF UP TO THREE MONTHS.
  S  2899-FF.  PENALTY. IN ADDITION TO ANY PENALTY OTHERWISE PROVIDED BY
LAW THE DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE FINE, NOT TO EXCEED FIVE
THOUSAND DOLLARS, FOR ANY VIOLATION OF  THE  REPORTING  REQUIREMENTS  OF
THIS ARTICLE.
  S 2899-GG.  RECORDS. (A) EACH HOSPITAL SHALL REPORT INCIDENTS OF SEXU-
AL  MISCONDUCT  OR  OTHER  CRIME TO THE DEPARTMENT PURSUANT TO ITS RULES
THEREFOR.
  (B) THE DEPARTMENT SHALL HAVE ACCESS TO ALL HOSPITAL RECORDS NECESSARY
TO CARRY OUT THE PROVISIONS OF  THIS  SECTION.  THE  DEPARTMENT  OR  THE
APPROPRIATE  REGULATORY  BODY SHALL MAKE AVAILABLE, UPON WRITTEN REQUEST
BY A HEALTH CARE PROFESSIONAL  AGAINST  WHOM  PROBABLE  CAUSE  HAS  BEEN
FOUND,  ANY  SUCH  RECORDS  WHICH FORM THE BASIS OF THE DETERMINATION OF
PROBABLE CAUSE.
  (C) THE DEPARTMENT SHALL REVIEW, AS PART OF ITS  LICENSURE  INSPECTION
PROCESS, THE INTERNAL RISK MANAGEMENT PROGRAM AT EACH HOSPITAL TO DETER-
MINE  WHETHER  OR NOT THE PROGRAM MEETS STANDARDS ESTABLISHED IN LAW AND
RULES, WHETHER OR NOT  THE  PROGRAM  IS  BEING  CONDUCTED  IN  A  MANNER
DESIGNED  TO REDUCE ADVERSE INCIDENTS, AND WHETHER OR NOT THE PROGRAM IS
APPROPRIATELY REPORTING INCIDENTS.
  (D) IF THE DEPARTMENT, THROUGH  ITS  RECEIPT  OF  THE  ANNUAL  REPORTS
PRESCRIBED  IN  THIS SECTION OR THROUGH ANY INVESTIGATION, HAS A REASON-
ABLE BELIEF THAT CONDUCT BY A STAFF MEMBER OR EMPLOYEE OF A HOSPITAL  IS
GROUNDS  FOR DISCIPLINARY ACTION BY THE APPROPRIATE REGULATORY BODY, THE
DEPARTMENT SHALL REPORT THIS FACT TO SUCH REGULATORY BODY.
  (E) THE DEPARTMENT SHALL ANNUALLY PUBLISH  A  REPORT  SUMMARIZING  THE
INFORMATION  CONTAINED  IN  THE INCIDENT REPORTS SUBMITTED BY HOSPITALS.
THIS REPORT MUST, AT A MINIMUM, SUMMARIZE:
  (1) ADVERSE AND SERIOUS INCIDENTS, BY CATEGORY OF  REPORTED  INCIDENT,
AND BY TYPE OF EMPLOYEE INVOLVED.
  (2)  DISCIPLINARY  ACTIONS TAKEN AGAINST PROFESSIONALS, AND BY TYPE OF
PROFESSIONAL INVOLVED.
  (3) SUMMARY OF INCIDENTS CAUSED BY ANOTHER PATIENT.
  (F) A HOSPITAL MAY PRESCRIBE THE CONTENT AND CUSTODY OF LIMITED ACCESS
RECORDS WHICH THE HOSPITAL MAY MAINTAIN ON ITS EMPLOYEES.  SUCH  RECORDS
SHALL  BE  LIMITED  TO  INFORMATION  REGARDING  EVALUATIONS  OF EMPLOYEE
PERFORMANCE, INCLUDING RECORDS FORMING  THE  BASIS  FOR  EVALUATION  AND
SUBSEQUENT ACTIONS, AND SHALL BE OPEN TO INSPECTION ONLY BY THE EMPLOYEE
AND BY OFFICIALS OF THE HOSPITAL WHO ARE RESPONSIBLE FOR THE SUPERVISION
OF  THE  EMPLOYEE.  ANY HOSPITAL RELEASING SUCH RECORDS PURSUANT TO THIS
SECTION SHALL BE CONSIDERED TO BE ACTING IN GOOD FAITH AND  MAY  NOT  BE
HELD  LIABLE FOR INFORMATION CONTAINED IN SUCH RECORDS, ABSENT A SHOWING
THAT THE HOSPITAL MALICIOUSLY FALSIFIED SUCH RECORDS.
  S 2. The mental hygiene law is amended by adding a new article  30  to
read as follows:
                               ARTICLE 30
                     HOSPITAL AND FACILITY SECURITY
SECTION 30.01 DEFINITIONS.
        30.03 APPLICABILITY.
        30.05 INTERNAL RISK MANAGEMENT PROGRAM.
        30.07 INVESTIGATION AND REPORT OF MISCONDUCT.
        30.09 FALSE ALLEGATIONS.
        30.11 PENALTY.
        30.13 RECORDS.
S 30.01 DEFINITIONS.

S. 1874                             4

  FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A)  "CRIME"  MEANS  ANY ACT DEFINED AS A FELONY OR MISDEMEANOR BY THE
PENAL LAW.
  (B) "FACILITY" DOES NOT INCLUDE A COMMUNITY RESIDENCE.
  (C) "SEXUAL MISCONDUCT" INCLUDES ANY  CRIME  DEFINED  IN  ARTICLE  ONE
HUNDRED THIRTY OF THE PENAL LAW.
S 30.03 APPLICABILITY.
  THE  PROVISIONS  OF  THIS ARTICLE SHALL APPLY IN ANY CITY WITH A POPU-
LATION OF ONE MILLION OR MORE.
S 30.05 INTERNAL RISK MANAGEMENT PROGRAM.
  EVERY HOSPITAL AND FACILITY SHALL, AS A  PART  OF  ITS  ADMINISTRATIVE
FUNCTIONS,  ESTABLISH  AN INTERNAL RISK MANAGEMENT PROGRAM THAT INCLUDES
ALL OF THE FOLLOWING COMPONENTS:
  (A) THE INVESTIGATION AND ANALYSIS OF  THE  FREQUENCY  AND  CAUSES  OF
GENERAL CATEGORIES AND SPECIFIC TYPES OF ADVERSE INCIDENTS CAUSING INJU-
RY TO PATIENT.
  (B)  THE  DEVELOPMENT  OF APPROPRIATE MEASURES TO MINIMIZE THE RISK OF
INJURIES AND ADVERSE INCIDENTS TO PATIENTS, INCLUDING, BUT  NOT  LIMITED
TO:
  1.  RISK  MANAGEMENT AND RISK PREVENTION EDUCATION AND TRAINING OF ALL
NONPHYSICIAN PERSONNEL AS FOLLOWS:
  (I) SUCH EDUCATION AND TRAINING OF ALL NONPHYSICIAN PERSONNEL AS  PART
OF THEIR INITIAL ORIENTATION;
  (II) AT LEAST ONE HOUR OF SUCH EDUCATION AND TRAINING ANNUALLY FOR ALL
NONPHYSICIAN  PERSONNEL  OF  THE  LICENSED  FACILITY WORKING IN CLINICAL
AREAS AND PROVIDING PATIENT CARE;
  (III) THE ANALYSIS OF PATIENT GRIEVANCES WHICH RELATE TO PATIENT  CARE
AND POSSIBLE CASES OF MISCONDUCT; AND
  (IV)  THE  DEVELOPMENT  AND  IMPLEMENTATION  OF  AN INCIDENT REPORTING
SYSTEM BASED UPON THE AFFIRMATIVE DUTY OF ALL HEALTH CARE PROVIDERS  AND
ALL  AGENTS  AND EMPLOYEES OF THE HOSPITAL OR FACILITY TO REPORT ADVERSE
INCIDENTS TO THE RISK MANAGER.
  2. THE ESTABLISHMENT OF THE POSITION OF INTERNAL RISK MANAGER.
S 30.07 INVESTIGATION AND REPORT OF MISCONDUCT.
  THE INTERNAL RISK MANAGER OF EACH HOSPITAL OR FACILITY SHALL:
  (A) NOTIFY THE FAMILY OR GUARDIAN OF THE VICTIM, IF A MINOR,  THAT  AN
ALLEGATION OF SEXUAL MISCONDUCT OR OTHER CRIME HAS BEEN MADE AND THAT AN
INVESTIGATION IS BEING CONDUCTED;
  (B)  INVESTIGATE  EVERY ALLEGATION OF SEXUAL MISCONDUCT OR OTHER CRIME
WHICH IS MADE AGAINST A MEMBER OF THE HOSPITAL'S OR FACILITY'S PERSONNEL
OR A PATIENT, WHEN THE ALLEGATION IS THAT THE SEXUAL MISCONDUCT OR OTHER
CRIME OCCURRED AT THE HOSPITAL OR FACILITY OR  ON  THE  GROUNDS  OF  THE
HOSPITAL OR FACILITY;
  (C)  REPORT  EVERY  ALLEGATION OF SEXUAL OR CRIMINAL MISCONDUCT TO THE
ADMINISTRATOR OF THE HOSPITAL OR FACILITY; AND
  (D) ANY EMPLOYEE WHO WITNESSES OR WHO POSSESSES ACTUAL KNOWLEDGE OF AN
ACT THAT CONSTITUTES SEXUAL MISCONDUCT OR OTHER CRIME SHALL:
  1. NOTIFY THE LOCAL POLICE; AND
  2. NOTIFY THE INTERNAL RISK  MANAGER  AND  THE  HOSPITAL  OR  FACILITY
ADMINISTRATOR.
S 30.09 FALSE ALLEGATIONS.
  A PERSON WHO, WITH MALICE OR WITH INTENT TO DISCREDIT OR HARM A HOSPI-
TAL  OR  FACILITY  OR  ANY  PERSON,  MAKES  A FALSE ALLEGATION OF SEXUAL
MISCONDUCT AGAINST A MEMBER OF A HOSPITAL'S OR FACILITY'S  PERSONNEL  IS

S. 1874                             5

GUILTY  OF  A  MISDEMEANOR,  AND SHALL BE PUNISHED BY IMPRISONMENT FOR A
PERIOD OF UP TO THREE MONTHS.
S 30.11 PENALTY.
  IN  ADDITION  TO ANY PENALTY OTHERWISE PROVIDED BY LAW, THE DEPARTMENT
MAY IMPOSE AN ADMINISTRATIVE FINE, NOT TO EXCEED FIVE THOUSAND  DOLLARS,
FOR ANY VIOLATION OF THE REPORTING REQUIREMENTS OF THIS ARTICLE.
S 30.13 RECORDS.
  (A) EACH HOSPITAL OR FACILITY SHALL REPORT INCIDENTS OF SEXUAL MISCON-
DUCT OR OTHER CRIME TO THE DEPARTMENT PURSUANT TO ITS RULES THEREFOR.
  (B)  THE  DEPARTMENT  SHALL  HAVE  ACCESS  TO ALL HOSPITAL OR FACILITY
RECORDS NECESSARY TO CARRY OUT  THE  PROVISIONS  OF  THIS  SECTION.  THE
DEPARTMENT OR THE APPROPRIATE REGULATORY BODY SHALL MAKE AVAILABLE, UPON
WRITTEN  REQUEST  BY  A  HEALTH  CARE PROFESSIONAL AGAINST WHOM PROBABLE
CAUSE HAS BEEN FOUND, ANY SUCH RECORDS  WHICH  FORM  THE  BASIS  OF  THE
DETERMINATION OF PROBABLE CAUSE.
  (C)  THE  DEPARTMENT SHALL REVIEW, AS PART OF ITS LICENSURE INSPECTION
PROCESS, THE INTERNAL RISK MANAGEMENT PROGRAM AT EACH HOSPITAL OR FACIL-
ITY TO DETERMINE WHETHER OR NOT THE PROGRAM MEETS STANDARDS  ESTABLISHED
IN  LAW  AND  RULES,  WHETHER OR NOT THE PROGRAM IS BEING CONDUCTED IN A
MANNER DESIGNED TO REDUCE ADVERSE INCIDENTS,  AND  WHETHER  OR  NOT  THE
PROGRAM IS APPROPRIATELY REPORTING INCIDENTS.
  (D)  IF  THE  DEPARTMENT,  THROUGH  ITS  RECEIPT OF THE ANNUAL REPORTS
PRESCRIBED IN THIS SECTION OR THROUGH ANY INVESTIGATION, HAS  A  REASON-
ABLE  BELIEF THAT CONDUCT BY A STAFF MEMBER OR EMPLOYEE OF A HOSPITAL OR
FACILITY IS GROUNDS FOR DISCIPLINARY ACTION BY THE APPROPRIATE REGULATO-
RY BODY, THE DEPARTMENT SHALL REPORT THIS FACT TO SUCH REGULATORY BODY.
  (E) THE DEPARTMENT SHALL ANNUALLY PUBLISH  A  REPORT  SUMMARIZING  THE
INFORMATION  CONTAINED IN THE INCIDENT REPORTS SUBMITTED BY HOSPITALS OR
FACILITIES. THIS REPORT MUST, AT A MINIMUM, SUMMARIZE:
  1. ADVERSE AND SERIOUS INCIDENTS, BY CATEGORY  OF  REPORTED  INCIDENT,
AND BY TYPE OF EMPLOYEE INVOLVED.
  2.  DISCIPLINARY  ACTIONS  TAKEN AGAINST PROFESSIONALS, AND BY TYPE OF
PROFESSIONAL INVOLVED.
  3. SUMMARY OF INCIDENTS CAUSED BY ANOTHER PATIENT.
  (F) A HOSPITAL OR FACILITY MAY PRESCRIBE THE CONTENT  AND  CUSTODY  OF
LIMITED  ACCESS  RECORDS  WHICH THE HOSPITAL OR FACILITY MAY MAINTAIN ON
ITS EMPLOYEES. SUCH RECORDS SHALL BE LIMITED  TO  INFORMATION  REGARDING
EVALUATIONS OF EMPLOYEE PERFORMANCE, INCLUDING RECORDS FORMING THE BASIS
FOR  EVALUATION  AND SUBSEQUENT ACTIONS, AND SHALL BE OPEN TO INSPECTION
ONLY BY THE EMPLOYEE AND BY OFFICIALS OF THE HOSPITAL  OR  FACILITY  WHO
ARE  RESPONSIBLE  FOR  THE  SUPERVISION OF THE EMPLOYEE. ANY HOSPITAL OR
FACILITY RELEASING SUCH  RECORDS  PURSUANT  TO  THIS  SECTION  SHALL  BE
CONSIDERED  TO  BE  ACTING  IN GOOD FAITH AND MAY NOT BE HELD LIABLE FOR
INFORMATION CONTAINED IN SUCH RECORDS, ABSENT A SHOWING THAT THE  HOSPI-
TAL OR FACILITY MALICIOUSLY FALSIFIED SUCH RECORDS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective  immediately
the  departments  of health and mental hygiene are authorized to promul-
gate any and all rules and  regulations  and  take  any  other  measures
necessary to implement the provisions of this act on its effective date.

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