S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10336
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to clarifying what constitutes abandonment of a patient by a physician
   for purposes of a  medical  misconduct  allegation,  and  requiring  a
   physician practicing as a patient's primary care physician who opts to
   no longer treat the patient to provide notice to such patient
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 30 of section 6530 of  the  education  law,  as
 added  by chapter 606 of the laws of 1991, is amended and a new subdivi-
 sion 51 is added to read as follows:
   30. Abandoning or neglecting a patient  under  [and]  THE  PHYSICIAN'S
 CARE  INCLUDING,  BUT  NOT  LIMITED  TO,  PATIENTS  in need of immediate
 professional  care,  without  making  reasonable  arrangements  for  the
 continuation  of such care, or abandoning a professional employment by a
 group practice, hospital, clinic or other health care facility,  without
 reasonable  notice  and  under  circumstances which seriously impair the
 delivery of professional care to patients or clients;
   51. FAILING TO COMPLY WITH  THE  PROVISIONS  OF  SUBDIVISION  NINE  OF
 SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN OF THIS TITLE.
   §  2.  Section  6527  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. (A) IF A LICENSED  PHYSICIAN  HAVING  ESTABLISHED  A  PRIMARY  CARE
 RELATIONSHIP  WITH  A  PATIENT CHOOSES TO NO LONGER TREAT THE PATIENT IN
 THE CAPACITY AS THE PATIENT'S PRIMARY  CARE  PHYSICIAN,  SUCH  PHYSICIAN
 SHALL  PROVIDE  NOTICE TO THE PATIENT NOT LESS THAN NINETY DAYS PRIOR TO
 THE CESSATION OF THE PROVISION OF SERVICES. SUCH  NOTICE  SHALL  INCLUDE
 INFORMATION  AS TO HOW THE PATIENT CAN OBTAIN HIS OR HER MEDICAL RECORDS
 OR HOW THE RECORDS CAN BE TRANSFERRED TO ANOTHER PHYSICIAN.  THE  PHYSI-
 CIAN  MAY INCLUDE IN THE NOTICE INFORMATION IDENTIFYING OTHER PHYSICIANS
 OR MEDICAL GROUPS WHICH HE OR SHE RECOMMENDS THE PATIENT CONSIDER AS HIS
 OR HER NEXT PRIMARY CARE PHYSICIAN. THE NOTICE  SHALL  BE  CONSIDERED  A
 FORMAL  ACTION  AND  SHALL  BE PROVIDED TO THE INDIVIDUAL IN THE FORM OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15713-07-0

 A. 10336                            2
 
 MAIL, EMAIL OR PHONE; PROVIDED THAT A WRITTEN RECORD NOTING WHEN AND HOW
 THE PATIENT WAS CONTACTED SHALL BE MAINTAINED FOR A PERIOD OF  NOT  LESS
 THAN  THREE YEARS, AND SHALL BE NOTED IN SUCH PATIENT'S MEDICAL RECORDS.
 IF  THE PATIENT WAS CONTACTED BY PHONE, THE RECORD SHALL REFLECT WHETHER
 THE PHYSICIAN WAS SUCCESSFUL IN SPEAKING WITH THE PATIENT.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) THE TERM "PRIMARY CARE PHYSICIAN"  SHALL  MEAN  A  PHYSICIAN  DULY
 LICENSED  TO  PRACTICE  MEDICINE  AND  WHO CONSENTS TO BEING A PATIENT'S
 FIRST CONTACT WHEN SUCH PATIENT  HAS  A  HEALTH  CONCERN,  WHO  PROVIDES
 CONTINUING CARE TO SUCH PATIENT FOR VARIOUS MEDICAL CONDITIONS, AND WHO,
 HAVING  ESTABLISHED  A RELATIONSHIP WITH THE PATIENT IN WHICH THE PHYSI-
 CIAN TREATS  SUCH  PATIENT  DURING  REGULARLY  SCHEDULED  DOCTOR-PATIENT
 VISITS,  PROVIDES  SERVICES,  INCLUDING,  BUT  NOT LIMITED TO, AN ANNUAL
 PHYSICAL.
   (II) A "PRIMARY CARE RELATIONSHIP" BETWEEN A PATIENT AND  A  PHYSICIAN
 SHALL  BE DEEMED TO EXIST WHERE (1) A VERBAL OR WRITTEN AGREEMENT EXISTS
 BETWEEN A PATIENT AND A PHYSICIAN, UNDER WHICH SUCH PHYSICIAN HAS AGREED
 TO SERVE AS SUCH PATIENT'S PRIMARY CARE PHYSICIAN; OR (2) THE  PHYSICIAN
 SEEING  THE  PATIENT HAS DEVELOPED A RELATIONSHIP WHEREIN SUCH PHYSICIAN
 PROVIDES THE PATIENT MEDICAL CARE THAT INCLUDES, BUT IS NOT LIMITED  TO,
 DIAGNOSTIC SERVICES, PRESCRIBING MEDICATION, AND TREATING ILLNESS DURING
 NON-HOSPITAL VISITS FOR MEDICAL SERVICES.
   §  3. The public health law is amended by adding a new section 230-a-1
 to read as follows:
   § 230-A-1. SPECIFIC PENALTIES FOR  PROFESSIONAL  MISCONDUCT.  NOTWITH-
 STANDING  THE  PROVISIONS OF SECTION TWO HUNDRED THIRTY-A OF THIS TITLE,
 OR ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE  STATE  BOARD  FOR
 PROFESSIONAL  MEDICAL CONDUCT SHALL IMPOSE ON A PRESENT OR FORMER LICEN-
 SEE FOUND GUILTY OF A VIOLATION OF SUBDIVISION THIRTY  OR  FIFTY-ONE  OF
 SECTION  SIXTY-FIVE  HUNDRED  THIRTY  OF THE EDUCATION LAW THE FOLLOWING
 PENALTIES:
   1. FOR A FIRST VIOLATION, A NINETY-DAY SUSPENSION OF  THE  LICENSE  OF
 SUCH LICENSEE, AS APPLICABLE, AND A FINE OF TEN THOUSAND DOLLARS.
   2.  FOR  EACH SUBSEQUENT VIOLATION, THE PENALTY SHALL BE DETERMINED BY
 THE STATE BOARD FOR PROFESSIONAL MEDICAL MISCONDUCT, BUT  SHALL  NOT  BE
 LESS  THAN  A  NINETY-DAY SUSPENSION OF THE LICENSE OF SUCH LICENSEE, AS
 APPLICABLE, AND A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.