NY State Senate Bill 2017-S2245

Senate Bill S2245

2017-2018 Legislative Session

Grants immunity from liability to organizations which establish physician committees the purpose of which is to refer to treatment physicians who are thought to be suffering from addiction or mental illness

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 13, 2018	advanced to third reading
Feb 12, 2018	2nd report cal.
Feb 06, 2018	1st report cal.369
Jan 03, 2018	referred to health returned to senate died in assembly
Jun 21, 2017	referred to codes delivered to assembly passed senate
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.384
Jan 12, 2017	referred to health

Votes

- Jun 21, 2017 - Floor Vote
  S2245
  
  61
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Hoylman-Sigal
      
      absent (1)
      
      Sanders Jr.
  Feb 6, 2018 - Health Committee Vote
  S2245
  
  15
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 6, 2018
      
      aye (15)
      
      Felder
      
      Golden
      
      Hannon
      
      Jacobs
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
      
      aye wr (2)
      
      Hoylman-Sigal
      
      Kaminsky
  Mar 7, 2017 - Health Committee Vote
  S2245
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 7, 2017
      
      aye (14)
      
      Felder
      
      Golden
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
      
      aye wr (2)
      
      Hoylman-Sigal
      
      Persaud
      
      excused (1)
      
      Hannon

2017-S2245 (ACTIVE) - Details

See Assembly Version of this Bill:: A2703
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §230, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3461, A7267
2019-2020: S1796, A2995
2021-2022: S1606, A865
2023-2024: S3449, A6017

2017-S2245 (ACTIVE) - Summary

Grants immunity from liability to organizations which establish physician committees the purpose of which is to confront and refer to treatment physicians who are thought to be suffering from addiction or mental illness.

2017-S2245 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2245

 TITLE OF BILL :  An act to amend the public health law, in relation
to granting immunity from liability to organizations which establish
physician committees

 PURPOSE :

To make technical amendments to a statutorily-recognized program that
ensures physicians who have faced substance abuse or mental health
issues can receive appropriate treatment and referral.

 SUMMARY OF PROVISIONS :

Section one of the bill re-numbers specific provisions of the Public
Health law Section 230(11)(g) that authorizes the Medical Society of
the State of New York's Committee for Physicians Health program, and
adds additional statutory language to clarify that the liability
protections offered in the statute for physician participants in the
program extend to the organizations themselves as well as their
employees acting without malice and within the scope of its functions
for the committee.

Section two of the bill provides an effective date.

 JUSTIFICATION :

For over 30 years, the Medical Society's Committee for Physicians'
Health has successfully provided needed treatment and counseling to
numerous New York State physicians who are thought to be suffering
from alcoholism, substance abuse or mental illness. The New York State
Legislature has re-authorized the program numerous times, including
most recently enacting a 5-year extension in 2013.

Importantly, this statute exempts members of a physician committee of
the Medical Society of the State of New York, the New York State
Osteopathic Society, or a county medical society, including MSSNY's
Committee for Physicians' Health, from medical misconduct reporting
requirements based on information received solely from their
participation on this committee. The statute also expressly provides
liability protections for those physicians who serve on these
committees for actions taken within the scope of their functions for
the committee.

However, a recent lower court decision has interpreted these liability
protections as not applying to the entity creating this physician
committee even though the statute expressly provides liability
protection for the physician members serving on this committee. There
would appear to be no good public-policy objective for this result
except for the possibility that the law may have unintentionally been
written in such a way that may have permitted this interpretation.
This legislation would correct this technical defect.

Furthermore, there are serious concerns that, without clarifying the
scope of the liability protections offered in this legislation, the
program run by the Medical Society and other similar programs in New
York State will be unable to continue to function. Enactment of this
legislation will continue to allow impaired physicians who have not
harmed patients to be able to obtain referrals for treatment and will
allow for intervention in order to help troubled physicians.

 LEGISLATIVE HISTORY :

2015-2016: S.3461A - Passed Senate, died in Assembly (both years)

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately provided, that these provisions shall expire and be deemed
repealed with the sections they are amending.

2017-S2245 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2245
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to granting  immunity
   from liability to organizations which establish physician committees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (g) of subdivision  11  of  section  230  of  the
 public health law, as added by chapter 426 of the laws of 1983, subpara-
 graphs  (ii)  and  (iii)  as amended by chapter 606 of the laws of 1991,
 subparagraphs (v) and (vi) as added by chapter 582 of the laws of  1984,
 is amended to read as follows:
   (g) (I) Any physician committee of the Medical Society of the State of
 New  York,  the  New  York State Osteopathic Society or a county medical
 society referred to in subparagraph (ii) of paragraph (c) of this subdi-
 vision shall develop procedures in consultation with, and  approved  by,
 the commissioner [of the department of health], including but not limit-
 ed to the following:
   [(i)]  (A)  The  committee  shall  disclose at least once a month such
 information as the  director  of  the  office  of  professional  medical
 conduct  may  deem  appropriate  regarding reports received, contacts or
 investigations made and the disposition of each report, provided however
 that the committee shall not disclose any personally identifiable infor-
 mation except as provided in [subparagraph (ii)] CLAUSE (B) or [subpara-
 graph (iii)] (C) of this [paragraph] SUBPARAGRAPH.
   [(ii)] (B) The committee shall immediately report to the director  the
 name,  all information obtained and the results of any contact or inves-
 tigation regarding any physician who  is  believed  to  be  an  imminent
 danger to the public.
   [(iii)]  (C)  The  committee  shall report to the director in a timely
 fashion all information obtained regarding any physician who refuses  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02467-01-7

 S. 2245                             2
 
 cooperate  with  the committee, refuses to submit to treatment, or whose
 impairment is not substantially alleviated through treatment.
   [(iv)]  (D)  The  committee shall inform each physician who is partic-
 ipating in a program of the procedures followed in the program,  of  the
 rights  and  responsibilities of the physician in the program and of the
 possible results of noncompliance with the program.
   [(v)] (II) No member of any such committee; NOR THE MEDICAL SOCIETY OF
 THE STATE OF NEW YORK, THE NEW YORK STATE OSTEOPATHIC SOCIETY OR A COUN-
 TY MEDICAL SOCIETY REFERRED TO IN SUBPARAGRAPH (II) OF PARAGRAPH (C)  OF
 THIS  SUBDIVISION  THAT ESTABLISHES A COMMITTEE; NOR ANY AGENT, SERVANT,
 REPRESENTATIVE OR EMPLOYEE THAT PROVIDES SERVICE TO ANY  SUCH  COMMITTEE
 OR  SOCIETY,  shall  be  liable for damages to any person for any action
 taken by such COMMITTEE, SOCIETY, member, AGENT, SERVANT, REPRESENTATIVE
 OR EMPLOYEE provided that such action was taken without malice and with-
 in the scope of such [member's] INDIVIDUAL'S function [as a  member  of]
 TO such committee.
   [(vi)]  (III)  The  committee, in conjunction with the director of the
 office  of  professional  medical  conduct,  shall  develop  appropriate
 consent  forms  and disclosure proceedings as may be necessary under any
 federal statute, rule or regulation in order to permit the disclosure of
 the information as may be required under  [subparagraphs  (ii)]  CLAUSES
 (B) and [(iii)] (C) OF SUBPARAGRAPH (I) of this paragraph.
   (IV) Except as [herein] provided IN THIS PARAGRAPH and notwithstanding
 any  other  provision of law, neither the proceedings nor the records of
 any such physician committee shall be subject to disclosure under  arti-
 cle  thirty-one of the civil practice law and rules nor shall any member
 of any such committee nor any person in attendance at any  such  meeting
 be required to testify as to what transpired thereat.
   § 2. This act shall take effect immediately; provided, that the amend-
 ments  to  paragraph  (g) of subdivision 11 of section 230 of the public
 health law, made by section one of this act, shall not affect the repeal
 of such paragraph, and shall be deemed repealed therewith; and provided,
 further, that the amendments to subparagraphs (v) and (vi) of  paragraph
 (g)  of  subdivision 11 of section 230 of the public health law, made by
 section one of this act, shall not affect the repeal  of  such  subpara-
 graphs, and shall be deemed repealed therewith.

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