S T A T E   O F   N E W   Y O R K
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                                 1246--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. HAWLEY, FINCH -- Multi-Sponsored by -- M. of A.
  BARCLAY, CALHOUN, CROUCH, DUPREY, McDONOUGH, OAKS,  SALADINO,  THIELE,
  WEISENBERG  --  read  once  and referred to the Committee on Health --
  recommitted to the Committee on Health  in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in  relation  to  establishing  a
  central registry of medical personnel terminated for cause

  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  section
2823 to read as follows:
  S  2823.  CENTRAL  STATE  REGISTRY  OF EMPLOYEES OF MEDICAL FACILITIES
TERMINATED FOR CAUSE. 1. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE
CONTRARY,  THE DEPARTMENT IS AUTHORIZED TO AND SHALL ESTABLISH AND MAIN-
TAIN A CENTRAL STATE REGISTRY IDENTIFYING PERSONNEL EMPLOYED BY  MEDICAL
FACILITIES  WITHIN THE STATE WHO HAVE BEEN TERMINATED FROM THEIR EMPLOY-
MENT BY A MEDICAL FACILITY FOR CAUSE. THE REGISTRY SHALL  MAINTAIN  SUCH
INFORMATION  AS  THE  COMMISSION  REQUIRES, INCLUDING, AT A MINIMUM, THE
NAME, ADDRESS, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER OF EACH  PERSON
SO TERMINATED, THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE TERMINATING
FACILITY,  THE  DATE AND REASONS FOR THE TERMINATION, AND, TO THE EXTENT
KNOWN BY THE MEDICAL  FACILITY,  WHETHER  CRIMINAL  CHARGES  WERE  FILED
AGAINST THE PERSON TERMINATED. THE DEPARTMENT SHALL CONTINUE TO MAINTAIN
IN  THE  REGISTRY  THE  INFORMATION REQUIRED TO BE KEPT PURSUANT TO THIS
SECTION FOR EMPLOYEES OF MEDICAL FACILITIES FOR A  PERIOD  OF  NOT  LESS
THAN  FIVE  YEARS  FOLLOWING  TERMINATION, RESIGNATION OR RETIREMENT, OR
FAILURE TO BE HIRED OR RENEWED AT WHICH TIME THE DEPARTMENT SHALL  PURGE
FROM THE REGISTRY SUCH INFORMATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01056-03-1
              

A. 1246--A                          2

  2.  EACH MEDICAL FACILITY SHALL TRANSMIT THE REQUISITE INFORMATION, IN
SUCH FORM AS IS PRESCRIBED BY THE COMMISSIONER, TO  THE  DEPARTMENT,  NO
LATER  THAN  THE  FIFTEENTH  CALENDAR  DAY  FOLLOWING THE TERMINATION OF
EMPLOYMENT OF ANY PERSON WHO WAS TERMINATED FOR CAUSE OR ANY PERSON  WHO
RETIRED OR RESIGNED IN ORDER TO AVOID TERMINATION.
  3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, MEDICAL FACILITIES
SHALL, UPON SUCH TERMS AND CONDITIONS AS THE DEPARTMENT SHALL  BY  RULES
AND  REGULATIONS  PRESCRIBE, HAVE TIMELY ACCESS TO INFORMATION CONTAINED
IN THE REGISTRY FOR THE  PURPOSE  OF  MAKING  SUCH  INQUIRIES  REGARDING
PERSONS  WHO  ARE PRESENTLY EMPLOYED BY THE MEDICAL FACILITY OR WHO HAVE
APPLIED FOR EMPLOYMENT WITH THE MEDICAL FACILITY.
  4. THE INFORMATION REQUIRED TO BE SUBMITTED PURSUANT TO  THIS  SECTION
WHICH IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL SHALL BE KEPT CONFIDEN-
TIAL  AND  ALL  OTHER INFORMATION SHALL BE RELEASED ONLY PURSUANT TO THE
PROVISIONS OF THIS SECTION. THE DEPARTMENT  SHALL  ESTABLISH  RULES  AND
REGULATIONS  TO  PROVIDE  FOR  A  PERMANENT SYSTEM WHICH WILL ENSURE THE
SECURITY AND PRIVACY OF INFORMATION CONTAINED IN  THE  REGISTRY  AND  TO
ENSURE  THAT  SUCH  INFORMATION  IS  MADE  AVAILABLE ONLY FOR LEGITIMATE
PURPOSES TO QUALIFIED MEDICAL FACILITIES AS PROVIDED IN THIS SECTION.
  5. AS USED IN THIS SECTION, "MEDICAL  FACILITY"  MEANS  ANY  HOSPITAL,
NURSING  HOME  OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A HOME CARE  SERVICE  AGENCY
OR  LIMITED  HOME  CARE  SERVICE AGENCY AS DEFINED IN SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER.
  S 2. This act shall take effect January 1, 2013.