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

                                   105

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  HOYLMAN, HASSELL-THOMPSON, KRUEGER, MONTGOMERY --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Health

AN  ACT  to amend the public health law, the education law and the labor
  law, in relation to prohibiting participation in torture and  improper
  treatment of prisoners by health care professionals

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

  Section 1. Legislative policy and intent. This  legislation  is  based
on, and is intended to give effect to, international treaties and stand-
ards;  federal, state and local law; and professional standards relating
to torture, improper treatment of prisoners, and related matters. It  is
guided  by  two basic principles: (1) health care professionals shall be
dedicated to  providing  the  highest  standard  of  health  care,  with
compassion and respect for human dignity and rights; and (2) torture and
improper  treatment  of  prisoners  are  wrong and inconsistent with the
practice of the health care professions. The legislature finds that  the
conduct  prohibited  by  this  act  violates the ethical and legal obli-
gations of licensed health care professionals.   This  legislation  will
further  protect  the  professionalism of New York state licensed health
care professionals by authorizing  and  obligating  them  to  refuse  to
participate  in  torture  and  improper treatment of prisoners, which in
turn will protect the life and health of the people  of  the  state  and
those with whom New York licensed health care professionals interact.  A
health  care  professional who comes to the aid of a prisoner should not
be presumed to be in violation when she or he is fulfilling the  ethical
principle  of  beneficence. In contrast, a health care professional who,
for example, attends to a prisoner in order to allow torture or improper
treatment to commence or continue is  not  acting  beneficently.    Such
practices  are  inconsistent  with professional ethics and standards and
are violations of this legislation.   The legislature  is  mindful  that
ordinarily there are limits on New York state's jurisdiction relating to
              

conduct  outside  the  state  or under federal authority. However, it is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01945-01-5

S. 105                              2

proper for the state to regulate health care professional  licensure  in
relation  to  a  professional's  conduct,  even where the conduct occurs
outside the state; certain  wrongful  out-of-state  conduct  is  already
grounds  for professional discipline. Therefore, it is the legislature's
intent that this legislation be applied to the fullest extent possible.
  S 2. The public health law is amended by adding a new  section  25  to
read as follows:
  S 25. PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY
HEALTH CARE PROFESSIONALS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE
TERMS "TORTURE" AND "IMPROPER TREATMENT" SHALL BE INTERPRETED IN ACCORD-
ANCE WITH APPLICABLE LAW, INCLUDING INTERNATIONAL TREATIES TO WHICH THE
UNITED STATES IS A PARTY. HOWEVER, FOR THE PURPOSES OF THIS SECTION, IT
SHALL NOT BE AN ELEMENT OF EITHER "TORTURE" OR "IMPROPER TREATMENT" THAT
SUCH ACTS BE COMMITTED BY A GOVERNMENT OR NON-GOVERNMENT ACTOR, ENTITY,
OR OFFICIAL; UNDER COLOR OF LAW; OR NOT UNDER COLOR OF LAW. AS USED IN
THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOW-
ING TERMS HAVE THE FOLLOWING MEANINGS:
  (A) "HEALTH CARE PROFESSIONAL" MEANS ANY PERSON LICENSED, REGISTERED,
CERTIFIED, OR EXEMPT TO PRACTICE UNDER (I) ANY OF THE FOLLOWING ARTICLES
OF THE EDUCATION LAW: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
THIRTY-ONE-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-ONE-C (SPECIAL-
IST ASSISTANTS), ONE HUNDRED THIRTY-TWO (CHIROPRACTIC), ONE HUNDRED
THIRTY-THREE (DENTISTRY AND DENTAL HYGIENE), ONE HUNDRED THIRTY-SIX
(PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS), ONE HUNDRED THIR-
TY-SEVEN (PHARMACY), ONE HUNDRED THIRTY-NINE (NURSING), ONE HUNDRED
FORTY (PROFESSIONAL MIDWIFERY PRACTICE ACT), ONE HUNDRED FORTY-ONE
(PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY), ONE HUNDRED FORTY-FOUR
(OPHTHALMIC DISPENSING), ONE HUNDRED FIFTY-THREE (PSYCHOLOGY), ONE
HUNDRED FIFTY-FOUR (SOCIAL WORK), ONE HUNDRED FIFTY-FIVE (MASSAGE THERA-
PY), ONE HUNDRED FIFTY-SIX (OCCUPATIONAL THERAPY), ONE HUNDRED FIFTY-
SEVEN (DIETETICS AND NUTRITION), ONE HUNDRED FIFTY-NINE (SPEECH-LANGUAGE
PATHOLOGISTS AND AUDIOLOGISTS), ONE HUNDRED SIXTY (ACUPUNCTURE), ONE
HUNDRED SIXTY-THREE (MENTAL HEALTH PRACTITIONERS), ONE HUNDRED SIXTY-
FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS), ONE
HUNDRED SIXTY-FIVE (CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT), OR ONE
HUNDRED SIXTY-SIX (MEDICAL PHYSICS PRACTICE), OR (II) ARTICLE THIRTY-
FIVE OF THIS CHAPTER (PRACTICE OF RADIOLOGIC TECHNOLOGY).
  (B) "TORTURE" MEANS ANY INTENTIONAL ACT OR INTENTIONAL OMISSION BY
WHICH SEVERE PAIN OR SUFFERING, WHETHER PHYSICAL OR MENTAL, IS INFLICTED
ON A PERSON FOR SUCH PURPOSES AS OBTAINING FROM THE PERSON OR FROM A
THIRD PERSON INFORMATION OR A CONFESSION, PUNISHING THE PERSON FOR AN
ACT THE PERSON OR A THIRD PERSON HAS COMMITTED (INCLUDING THE HOLDING OF
A BELIEF OR MEMBERSHIP IN ANY GROUP) OR IS SUSPECTED OF HAVING COMMIT-
TED, OR INTIMIDATING OR COERCING THE PERSON OR A THIRD PERSON, OR FOR
ANY REASON BASED ON DISCRIMINATION OF ANY KIND. IT DOES NOT INCLUDE
PAIN OR SUFFERING ARISING ONLY FROM, INHERENT IN OR INCIDENTAL TO LAWFUL
SANCTION.
  (C) "IMPROPER TREATMENT" MEANS (I) CRUEL, INHUMAN OR DEGRADING, TREAT-
MENT OR PUNISHMENT AS DEFINED BY APPLICABLE INTERNATIONAL TREATIES AND
THEIR CORRESPONDING INTERPRETING BODIES; OR CRUEL AND UNUSUAL PUNISHMENT
AS DEFINED IN THE UNITED STATES CONSTITUTION OR THE NEW YORK STATE
CONSTITUTION; OR (II) ANY VIOLATION OF SUBDIVISION THREE OR FOUR OF THIS
SECTION.
  (D) "PRISONER" MEANS ANY PERSON WHO IS SUBJECT TO PUNISHMENT,
DETENTION, INCARCERATION, INTERROGATION, INTIMIDATION OR COERCION,
REGARDLESS OF WHETHER SUCH ACTION IS PERFORMED OR COMMITTED BY A GOVERN-

S. 105                              3

MENT OR NON-GOVERNMENT ACTOR, ENTITY, OR OFFICIAL; UNDER COLOR OF LAW;
OR NOT UNDER COLOR OF LAW.
  (E) TO "ADVERSELY AFFECT" A PERSON'S PHYSICAL OR MENTAL HEALTH OR
CONDITION DOES NOT INCLUDE CAUSING ADVERSE EFFECTS THAT MAY ARISE FROM
TREATMENT OR CARE WHEN THAT TREATMENT OR CARE IS PERFORMED IN ACCORDANCE
WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AND
FOR THE PURPOSES OF EVALUATING, TREATING, PROTECTING OR IMPROVING THE
PERSON'S HEALTH.
  (F) "INTERROGATION" MEANS THE QUESTIONING RELATED TO LAW ENFORCEMENT,
THE ENFORCEMENT OF RULES OR REGULATIONS OF AN INSTITUTION IN WHICH
PEOPLE ARE DETAINED THROUGH THE CRIMINAL JUSTICE SYSTEM OR FOR MILITARY
OR NATIONAL SECURITY REASONS (SUCH AS A JAIL OR OTHER DETENTION FACILI-
TY, POLICE FACILITY, PRISON, IMMIGRATION FACILITY, OR MILITARY FACILITY)
OR TO MILITARY AND NATIONAL SECURITY INTELLIGENCE GATHERING, WHETHER BY
A GOVERNMENT OR NON-GOVERNMENT ACTOR, ENTITY OR OFFICIAL. "INTERRO-
GATION" SHALL ALSO INCLUDE QUESTIONING TO AID OR ACCOMPLISH ANY ILLEGAL
ACTIVITY OR PURPOSE, WHETHER BY A GOVERNMENT OR NON-GOVERNMENT ACTOR,
ENTITY OR OFFICIAL. INTERROGATIONS ARE DISTINCT FROM QUESTIONING USED BY
HEALTH CARE PROFESSIONALS TO ASSESS THE PHYSICAL OR MENTAL CONDITION OF
AN INDIVIDUAL.
  2. KNOWLEDGE. IT SHALL BE AN ELEMENT OF ANY VIOLATION OF THIS SECTION
THAT THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THAT HIS OR HER
CONDUCT IS OF THE KIND PROHIBITED UNDER THIS SECTION. A HEALTH CARE
PROFESSIONAL WHO RECEIVES INFORMATION THAT INDICATES THAT A PRISONER AS
DEFINED BY THIS SECTION IS BEING, MAY IN THE FUTURE BE, OR HAS BEEN
SUBJECTED TO TORTURE OR IMPROPER TREATMENT, MUST USE DUE DILIGENCE, IN
ORDER TO ASSESS THE NATURE OF HIS OR HER CONDUCT AS COVERED BY THIS
SECTION.
  3. GENERAL OBLIGATIONS OF HEALTH CARE PROFESSIONALS. (A) EVERY HEALTH
CARE PROFESSIONAL SHALL PROVIDE EVERY PRISONER UNDER HIS OR HER PROFES-
SIONAL CARE WITH CARE OR TREATMENT CONSISTENT WITH GENERALLY APPLICABLE
LEGAL, HEALTH AND PROFESSIONAL STANDARDS TO THE EXTENT THAT HE OR SHE IS
REASONABLY ABLE TO DO SO UNDER THE CIRCUMSTANCES, INCLUDING PROTECTING
THE CONFIDENTIALITY OF PATIENT INFORMATION.
  (B) IN ALL CLINICAL ASSESSMENTS RELATING TO A PRISONER, WHETHER FOR
THERAPEUTIC OR EVALUATIVE PURPOSES, HEALTH CARE PROFESSIONALS SHALL
EXERCISE THEIR PROFESSIONAL JUDGMENT INDEPENDENT OF THE INTERESTS OF A
GOVERNMENT OR OTHER THIRD PARTY.
  4. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PROHIBITED. (A) NO
HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR SKILLS IN
RELATION TO, ENGAGE IN ANY PROFESSIONAL RELATIONSHIP WITH, OR PERFORM
PROFESSIONAL SERVICES IN RELATION TO ANY PRISONER UNLESS THE PURPOSE IS
SOLELY TO EVALUATE, TREAT, PROTECT, OR IMPROVE THE PHYSICAL OR MENTAL
HEALTH OR CONDITION OF THE PRISONER (EXCEPT AS PERMITTED BY PARAGRAPH
(B) OR (C) OF SUBDIVISION FIVE OF THIS SECTION).
  (B) NO HEALTH CARE PROFESSIONAL SHALL ENGAGE, DIRECTLY OR INDIRECTLY,
IN ANY ACT WHICH CONSTITUTES PARTICIPATION IN, COMPLICITY IN, INCITEMENT
TO, ASSISTANCE IN, PLANNING OR DESIGN OF, OR ATTEMPT OR CONSPIRACY TO
COMMIT TORTURE OR IMPROPER TREATMENT OF A PRISONER. PROHIBITED FORMS OF
ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
  (I) PROVIDING MEANS, KNOWLEDGE OR SKILLS, INCLUDING CLINICAL FINDINGS
OR TREATMENT, WITH THE INTENT TO FACILITATE THE PRACTICE OF TORTURE OR
IMPROPER TREATMENT;
  (II) PERMITTING HIS OR HER KNOWLEDGE, SKILLS OR CLINICAL FINDINGS OR
TREATMENT TO BE USED IN THE PROCESS OF OR TO FACILITATE TORTURE OR
IMPROPER TREATMENT;

S. 105                              4

  (III) EXAMINING, EVALUATING, OR TREATING A PRISONER TO CERTIFY WHETHER
TORTURE OR IMPROPER TREATMENT CAN BEGIN, BE CONTINUED, OR BE RESUMED;
  (IV) BEING PRESENT WHILE TORTURE OR IMPROPER TREATMENT IS BEING ADMIN-
ISTERED;
  (V) OMITTING OR SUPPRESSING INDICATIONS OF TORTURE OR IMPROPER TREAT-
MENT FROM RECORDS OR REPORTS; AND
  (VI) ALTERING HEALTH CARE RECORDS OR REPORTS TO HIDE, MISREPRESENT OR
DESTROY EVIDENCE OF TORTURE OR IMPROPER TREATMENT.
  (C) NO HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR
SKILLS OR PERFORM ANY PROFESSIONAL SERVICE IN ORDER TO ASSIST IN THE
PUNISHMENT, DETENTION, INCARCERATION, INTIMIDATION, OR COERCION OF A
PRISONER WHEN SUCH ASSISTANCE IS PROVIDED IN A MANNER THAT MAY ADVERSELY
AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF THE PRISONER
(EXCEPT AS PERMITTED BY PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF THIS
SECTION).
  (D) NO HEALTH CARE PROFESSIONAL SHALL PARTICIPATE IN THE INTERROGATION
OF A PRISONER, INCLUDING BEING PRESENT IN THE INTERROGATION ROOM, ASKING
OR SUGGESTING QUESTIONS, ADVISING ON THE USE OF SPECIFIC INTERROGATION
TECHNIQUES, MONITORING THE INTERROGATION, OR MEDICALLY OR PSYCHOLOGICAL-
LY EVALUATING A PERSON FOR THE PURPOSE OF IDENTIFYING POTENTIAL INTERRO-
GATION METHODS OR STRATEGIES. HOWEVER, THIS PARAGRAPH SHALL NOT BAR A
HEALTH CARE PROFESSIONAL FROM ENGAGING IN CONDUCT UNDER PARAGRAPH (D) OF
SUBDIVISION FIVE OF THIS SECTION.
  5. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PERMITTED. A HEALTH
CARE PROFESSIONAL MAY ENGAGE IN THE FOLLOWING CONDUCT SO LONG AS IT DOES
NOT VIOLATE SUBDIVISION THREE OR FOUR OF THIS SECTION, IT DOES NOT
ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF A PRISON-
ER OR POTENTIAL SUBJECT, AND IS NOT OTHERWISE UNLAWFUL:
  (A) APPROPRIATELY PARTICIPATING OR AIDING IN THE INVESTIGATION, PROSE-
CUTION, OR DEFENSE OF A CRIMINAL, ADMINISTRATIVE OR CIVIL MATTER;
  (B) PARTICIPATING IN AN ACT THAT RESTRAINS A PRISONER OR TEMPORARILY
ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF A PRISONER, WHERE THE ACT
COMPLIES WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STAND-
ARDS, IS NECESSARY FOR THE PROTECTION OF THE PHYSICAL OR MENTAL HEALTH,
CONDITION OR SAFETY OF THE PRISONER, OTHER PRISONERS, OR PERSONS CARING
FOR, GUARDING OR CONFINING THE PRISONER;
  (C) CONDUCTING BONA FIDE HUMAN SUBJECT RESEARCH IN ACCORDANCE WITH
GENERALLY ACCEPTED LEGAL, HEALTH AND PROFESSIONAL STANDARDS WHERE THE
RESEARCH INCLUDES SAFEGUARDS FOR HUMAN SUBJECTS EQUIVALENT TO THOSE
REQUIRED BY FEDERAL LAW, INCLUDING INFORMED CONSENT AND INSTITUTIONAL
REVIEW BOARD APPROVAL WHERE APPLICABLE;
  (D) TRAINING RELATED TO THE FOLLOWING PURPOSES, SO LONG AS IT IS NOT
PROVIDED IN SUPPORT OF SPECIFIC ONGOING OR ANTICIPATED INTERROGATIONS:
  (I) RECOGNIZING AND RESPONDING TO PERSONS WITH PHYSICAL OR MENTAL
ILLNESS OR CONDITIONS,
  (II) THE POSSIBLE PHYSICAL AND MENTAL EFFECTS OF PARTICULAR TECHNIQUES
AND CONDITIONS OF INTERROGATION, OR
  (III) THE DEVELOPMENT OF EFFECTIVE INTERROGATION STRATEGIES NOT
INVOLVING THE PRACTICE OF TORTURE OR IMPROPER TREATMENT.
  6. DUTY TO REPORT. A HEALTH CARE PROFESSIONAL WHO HAS REASONABLE
GROUNDS (NOT BASED SOLELY ON PUBLICLY AVAILABLE INFORMATION) TO BELIEVE
THAT TORTURE, IMPROPER TREATMENT OR OTHER CONDUCT IN VIOLATION OF THIS
SECTION HAS OCCURRED, IS OCCURRING, OR WILL OCCUR SHALL, AS SOON AS IS
POSSIBLE WITHOUT JEOPARDIZING THE PHYSICAL SAFETY OF HIMSELF OR HERSELF,
THE PRISONER, OR OTHER PARTIES, REPORT SUCH CONDUCT TO:

S. 105                              5

  (A) A GOVERNMENT AGENCY THAT THE HEALTH CARE PROFESSIONAL REASONABLY
BELIEVES HAS LEGAL AUTHORITY TO PUNISH OR PREVENT THE CONTINUATION OF
TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN VIOLATION
OF THIS SECTION AND IS REASONABLY LIKELY TO ATTEMPT TO DO SO; OR
  (B) A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY THAT THE HEALTH CARE
PROFESSIONAL REASONABLY BELIEVES WILL NOTIFY SUCH A GOVERNMENT AGENCY OF
THE TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN
VIOLATION OF THIS SECTION OR TAKE OTHER ACTION TO PUBLICIZE OR PREVENT
SUCH TORTURE, TREATMENT OR CONDUCT; AND
  (C) IN ADDITION TO REPORTING UNDER PARAGRAPH (A) OR (B) OF THIS SUBDI-
VISION: (I) IN THE CASE OF AN ALLEGED VIOLATION BY A HEALTH CARE PROFES-
SIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIR-
TY-ONE-B OR ONE HUNDRED THIRTY-ONE-C OF THE EDUCATION LAW, A REPORT
SHALL BE FILED WITH THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT; AND (II)
IN THE CASE OF AN ALLEGED VIOLATION BY ANY OTHER HEALTH CARE PROFES-
SIONAL LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCA-
TION LAW, A REPORT SHALL BE FILED WITH THE OFFICE OF PROFESSIONAL DISCI-
PLINE; PROVIDED THAT FOR THE PURPOSE OF THIS PARAGRAPH, WHERE A PERSON
HOLDS A LICENSE, REGISTRATION OR CERTIFICATION UNDER THE LAWS OF A
JURISDICTION OTHER THAN THE STATE OF NEW YORK THAT IS FOR A PROFESSION
SUBSTANTIALLY COMPARABLE TO ONE LISTED IN PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION, THE PERSON SHALL BE DEEMED TO BE A HEALTH CARE
PROFESSIONAL AND THE PERSON'S LICENSE, REGISTRATION OR CERTIFICATION
SHALL BE DEEMED TO BE UNDER THE APPROPRIATE ARTICLE OF TITLE EIGHT OF
THE EDUCATION LAW.
  7. MITIGATION. THE FOLLOWING MAY BE CONSIDERED IN FULL OR PARTIAL
MITIGATION OF A VIOLATION OF THIS SECTION BY THE HEALTH CARE PROFES-
SIONAL:
  (A) COMPLIANCE WITH SUBDIVISION SIX OF THIS SECTION; OR
  (B) COOPERATION IN GOOD FAITH WITH AN INVESTIGATION OF A VIOLATION OF
THIS SECTION.
  8. APPLICABILITY. THIS SECTION SHALL APPLY TO CONDUCT TAKING PLACE
WITHIN OR OUTSIDE NEW YORK STATE, AND WITHOUT REGARD TO WHETHER THE
CONDUCT IS COMMITTED BY A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY, OFFI-
CIAL, OR ACTOR OR UNDER ACTUAL OR ASSERTED COLOR OF LAW.
  9. SCOPE OF PRACTICE NOT EXPANDED. THIS SECTION SHALL NOT BE CONSTRUED
TO EXPAND THE LAWFUL SCOPE OF PRACTICE OF ANY HEALTH CARE PROFESSIONAL.
  S  3.  Section  6509  of  the education law is amended by adding a new
subdivision 15 to read as follows:
  (15) ANY VIOLATION OF SECTION TWENTY-FIVE OF THE PUBLIC HEALTH LAW
(RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
  S  4.  Section  6530  of  the education law is amended by adding a new
subdivision 50 to read as follows:
  50. ANY VIOLATION OF SECTION TWENTY-FIVE OF THE PUBLIC HEALTH LAW
(RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
  S  5.  Paragraphs  (b)  and (c) of subdivision 2 of section 740 of the
labor law, as added by chapter 660 of the laws of 1984, are amended  and
a new paragraph (d) is added to read as follows:
  (b)  provides  information  to,  or  testifies before, any public body
conducting an investigation, hearing or inquiry into any such  violation
of a law, rule or regulation by such employer; [or]
  (c) objects to, or refuses to participate in any such activity, policy
or practice in violation of a law, rule or regulation[.]; OR

S. 105                              6

  (D) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-
FIVE OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OR
IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS).
  S  6. Subdivision 3 of section 740 of the labor law, as added by chap-
ter 660 of the laws of 1984, is amended to read as follows:
  3. Application. The protection against  retaliatory  personnel  action
provided  by paragraph (a) of subdivision two of this section pertaining
to disclosure to a public body shall not apply to an employee who  makes
such  disclosure  to  a  public body unless the employee has brought the
activity, policy or practice in violation of law, rule or regulation  to
the  attention  of  a  supervisor  of the employer and has afforded such
employer a reasonable opportunity to correct such  activity,  policy  or
practice.  HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO ANY REPORT OF A
VIOLATION UNDER SECTION TWENTY-FIVE OF THE PUBLIC HEALTH LAW (PARTIC-
IPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE
PROFESSIONALS).
  S 7. Paragraphs (a) and (b) of subdivision 2 of  section  741  of  the
labor law, as added by chapter 24 of the laws of 2002, are amended and a
new paragraph (c) is added to read as follows:
  (a) discloses or threatens to disclose to a supervisor, or to a public
body  an  activity, policy or practice of the employer or agent that the
employee, in good faith, reasonably believes constitutes improper quali-
ty of patient care; [or]
  (b) objects to, or refuses to participate in any activity,  policy  or
practice  of  the  employer  or  agent that the employee, in good faith,
reasonably believes constitutes improper quality of patient care[.]; OR
  (C) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-
FIVE OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OR IMPROPER
TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS).
  S 8. Subdivision 3 of section 741 of the labor law, as added by  chap-
ter 24 of the laws of 2002, is amended to read as follows:
  3.  Application.  The  protection against retaliatory personnel action
provided by subdivision two of this section shall not apply  unless  the
employee  has brought the improper quality of patient care to the atten-
tion of a supervisor and has afforded the employer a reasonable opportu-
nity to correct such activity,  policy  or  practice.  This  subdivision
shall  not  apply  to an action or failure to act described in paragraph
(a) of subdivision two of this section where  the  improper  quality  of
patient  care  described  therein  presents an imminent threat to public
health or safety or to the health of a specific patient and the employee
reasonably believes in good faith that reporting to a  supervisor  would
not  result  in corrective action.   HOWEVER, THIS SUBDIVISION SHALL NOT
APPLY TO ANY REPORT OF A VIOLATION UNDER SECTION TWENTY-FIVE OF THE
PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF
PRISONERS BY HEALTH CARE PROFESSIONALS).
  S 9. The introduction or enactment of this act shall not be  construed
to mean that: (a) conduct described by this act does not already violate
state  law  or  constitute professional misconduct; or (b) conduct other
than that described by this act does not  violate  other  state  law  or
otherwise constitute professional misconduct.
  S  10.  Severability. If any provision of this act, or any application
of any provision of this act, is held to  be  invalid,  that  shall  not
affect  the validity or effectiveness of any other provision of this act
or any other application of any provision of this act.
  S 11.   This act shall take  effect  on  the  first  of  January  next
succeeding the date on which it shall have become a law.