S T A T E   O F   N E W   Y O R K
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                                  2554

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in  relation  to  identification,
  charging,  reporting  and  investigation  of  charges  of professional
  misconduct by health care professionals

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

  Section 1. Subdivision 9-b of section 230 of the public health law, as
added by chapter 532 of the laws of 2014, is amended to read as follows:
  9-b. Neither the board for professional medical conduct nor the office
of professional medical conduct shall [identify,] charge A LICENSEE WITH
MISCONDUCT   AS  DEFINED  IN  SECTIONS  SIXTY-FIVE  HUNDRED  THIRTY  AND
SIXTY-FIVE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, or  cause  a  report
made to the director of such office to be investigated BEYOND A PRELIMI-
NARY  REVIEW AS SET FORTH IN CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF SUBDIVISION TEN OF THIS SECTION, WHERE SUCH REPORT IS  DETERMINED
TO  BE  based solely upon the recommendation or provision of a treatment
modality TO A PARTICULAR PATIENT  by  [a]  SUCH  licensee  that  is  not
universally accepted by the medical profession, including but not limit-
ed  to,  varying  modalities  used  in the treatment of Lyme disease and
other tick-borne diseases. [As used in this subdivision the term "licen-
see" shall mean a physician,  physician's  assistant,  and  specialist's
assistant.]  When  a  licensee, acting in accordance with paragraph e of
subdivision four of  section  sixty-five  hundred  twenty-seven  of  the
education  law,  recommends or provides a treatment modality that effec-
tively treats human disease, pain, injury, deformity or physical  condi-
tion FOR WHICH THE LICENSEE IS TREATING A PATIENT, the recommendation or
provision of that modality TO A PARTICULAR PATIENT shall not, by itself,
constitute  professional misconduct. [This prohibition shall not exoner-
ate such licensee from otherwise applicable  professional  requirements]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07678-02-5

              

A. 2554                             2

THE  LICENSEE SHALL OTHERWISE ABIDE BY ALL OTHER APPLICABLE PROFESSIONAL
REQUIREMENTS.
  S  2.  Subparagraph  (i) of paragraph (a) of subdivision 10 of section
230 of the public health law, is amended by chapter 542 of the  laws  of
2000, is amended to read as follows:
  (i) (A) The board for professional medical conduct, by the director of
the  office  of professional medical conduct, may investigate on its own
any  suspected  professional  misconduct,  and  shall  investigate  each
complaint  received  regardless  of  the  source. BY THE CONCLUSION OF A
PRELIMINARY REVIEW, INCLUDING AN INTERNAL CLINICAL REVIEW, THE  DIRECTOR
SHALL  DETERMINE  IF A REPORT IS BASED SOLELY UPON THE RECOMMENDATION OR
PROVISION OF A TREATMENT MODALITY BY A LICENSEE THAT IS NOT  UNIVERSALLY
ACCEPTED BY THE MEDICAL PROFESSION, INCLUDING BUT NOT LIMITED TO VARYING
MODALITIES  USED  IN  THE  TREATMENT OF LYME DISEASE OR OTHER TICK-BORNE
DISEASES. UPON A DETERMINATION BY THE DIRECTOR THAT A  REPORT  IS  BASED
SOLELY   UPON  THE  PROVISION  OF  A  TREATMENT  MODALITY  THAT  IS  NOT
UNIVERSALLY ACCEPTED, NO FURTHER REVIEW SHALL BE CONDUCTED AND NO CHARG-
ES SHALL BE BROUGHT. NOTHING IN THIS SECTION SHALL PRECLUDE THE DIRECTOR
FROM MAKING SUCH A DETERMINATION EARLIER IN, OR SUBSEQUENT TO, A PRELIM-
INARY REVIEW. (B) The director of the  office  of  professional  medical
conduct  shall  cause  a  preliminary review of every report made to the
department pursuant to section twenty-eight hundred three-e as added  by
chapter  eight hundred sixty-six of the laws of nineteen hundred eighty,
sections twenty-eight hundred five-l and forty-four  hundred  five-b  of
this chapter, and section three hundred fifteen of the insurance law, to
determine if such report reasonably appears to reflect physician conduct
warranting further investigation pursuant to this subparagraph.
  S  3.  This  act  shall take effect immediately and shall apply to any
professional discipline matter  or  administrative  or  judicial  review
thereof  pending  on  or  after  the  date  on which this act shall take
effect; provided, however, that the amendments to  subparagraph  (i)  of
paragraph  (a) of subdivision 10 of section 230 of the public health law
made by section two of this act shall not affect the expiration of  such
paragraph and shall be deemed to expire therewith.