S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10010
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  certain
   health  care  providers  to  disclose  certain  facts  in  regards  to
   probation to current and new patients
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6511-a
 to read as follows:
   §  6511-A.  DISCLOSURE  OF PROBATIONARY STATUS.  (1) THE PROVISIONS OF
 THIS SECTION SHALL APPLY TO ANY  PERSON  LICENSED  UNDER  THE  FOLLOWING
 ARTICLES  OF  THIS TITLE: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
 THIRTY-ONE-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-TWO  (CHIROPRAC-
 TIC),  ONE  HUNDRED  THIRTY-THREE  (DENTISTRY  AND  DENTAL HYGIENE), ONE
 HUNDRED THIRTY-FOUR (LICENSED  PERFUSIONISTS),  ONE  HUNDRED  THIRTY-SIX
 (PHYSICAL  THERAPY AND PHYSICAL THERAPIST ASSISTANTS), ONE HUNDRED THIR-
 TY-NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY  PRACTICE),
 ONE  HUNDRED  FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY),
 ONE HUNDRED FIFTY-FIVE (MASSAGE THERAPY), ONE HUNDRED FIFTY-SIX (OCCUPA-
 TIONAL THERAPY),  ONE  HUNDRED  SIXTY  (ACUPUNCTURE),  AND  ONE  HUNDRED
 SIXTY-FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS).
   (2) AS USED IN THIS SECTION:
   (A)  "LICENSEE"  MEANS  ANY  PERSON  LICENSED TO PRACTICE A PROFESSION
 GOVERNED BY THE ARTICLES OF THIS TITLE LISTED IN SUBDIVISION ONE OF THIS
 SECTION; AND
   (B) "STATE BOARD" MEANS THE STATE BOARD FOR EACH  PROFESSION  GOVERNED
 BY  THE ARTICLES OF THIS TITLE LISTED IN SUBDIVISION ONE OF THIS SECTION
 AND APPOINTED BY THE BOARD OF REGENTS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED EIGHT OF THIS ARTICLE.
   (3)  THE  DEPARTMENT  AND  THE  APPLICABLE STATE BOARD SHALL REQUIRE A
 LICENSEE OR, IN THE  EVENT  THAT  THE  PATIENT'S  APPOINTMENT  IS  AT  A
 LOCATION  OTHER THAN THE LICENSEE'S PRACTICE, THE LICENSEE OR THE HOSPI-
 TAL OR PRACTICE WHERE THE PATIENT'S APPOINTMENT IS OCCURRING TO DISCLOSE
 THE FOLLOWING  ON  A  SEPARATE  DOCUMENT:  THE  LICENSEE'S  PROBATIONARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03061-03-2
 A. 10010                            2
 
 STATUS; THE CAUSE OR CAUSES FOR PROBATION IN THE STATEMENT OF THE ISSUES
 OR  THE  LEGAL CONCLUSIONS OF AN ADMINISTRATIVE LAW JUDGE; THE LENGTH OF
 THE PROBATION AND THE END DATE; ALL PRACTICE RESTRICTIONS PLACED ON  THE
 LICENSEE  BY  THE  BOARD;  THE  ADDRESS  OF THE APPLICABLE STATE BOARD'S
 INTERNET WEBSITE; AND THE APPLICABLE STATE BOARD'S TELEPHONE NUMBER TO A
 CURRENT OR NEW PATIENT, THE PATIENT'S GUARDIAN OR THE  PATIENT'S  HEALTH
 CARE  SURROGATE  PRIOR TO THE PATIENT'S FIRST VISIT FOLLOWING THE PROBA-
 TIONARY ORDER WHILE THE LICENSEE IS ON PROBATION PURSUANT  TO  A  PROBA-
 TIONARY  ORDER MADE AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, IN ANY
 OF THE CIRCUMSTANCES LISTED IN PARAGRAPH (A), (B), (C) OR  (D)  OF  THIS
 SUBDIVISION.  SUCH  WRITTEN DISCLOSURE SHALL BE PROVIDED TO THE PATIENT,
 THE PATIENT'S GUARDIAN OR THE PATIENT'S HEALTH  CARE  SURROGATE  IN  THE
 LICENSEE'S  OFFICE  PRIOR TO THE TIME THE PATIENT ENTERS THE EXAMINATION
 ROOM AND THE EXAMINATION OR TREATMENT COMMENCES.   THE LICENSEE  OR,  IN
 THE EVENT THAT THE PATIENT'S APPOINTMENT IS AT A LOCATION OTHER THAN THE
 LICENSEE'S  PRACTICE, THE LICENSEE OR THE HOSPITAL OR PRACTICE WHERE THE
 PATIENT'S APPOINTMENT IS OCCURRING SHALL PROVIDE  THE  DISCLOSURE  UNDER
 THE FOLLOWING CIRCUMSTANCES:
   (A)  A  COMPLAINT  FILED  AGAINST  THE LICENSEE INDICATES OR THE LEGAL
 CONCLUSIONS OF AN ADMINISTRATIVE LAW JUDGE FIND  THAT  THE  LICENSEE  IS
 IMPLICATED IN ANY OF THE FOLLOWING:
   (I) GROSS NEGLIGENCE;
   (II)  REPEATED  NEGLIGENT ACTS INVOLVING A DEPARTURE FROM THE STANDARD
 OF CARE WITH MULTIPLE PATIENTS;
   (III) FELONY CONVICTION ARISING FROM OR OCCURRING DURING PATIENT  CARE
 OR TREATMENT; OR
   (IV)  MENTAL  ILLNESS  OR  OTHER  COGNITIVE  IMPAIRMENT THAT IMPEDES A
 LICENSEE'S ABILITY TO SAFELY RENDER PATIENT CARE.
   (B) THE APPLICABLE  STATE  BOARD  ORDERED  ANY  OF  THE  FOLLOWING  IN
 CONJUNCTION WITH PLACING THE LICENSEE ON PROBATION:
   (I) THAT A THIRD-PARTY CHAPERONE BE PRESENT WHEN THE LICENSEE EXAMINES
 PATIENTS AS A RESULT OF SEXUAL MISCONDUCT; AND/OR
   (II) THAT THE LICENSEE HAVE A MONITOR.
   (C)  THE LICENSEE HAS NOT SUCCESSFULLY COMPLETED A TRAINING PROGRAM OR
 ANY ASSOCIATED EXAMINATIONS REQUIRED BY THE  BOARD  AS  A  CONDITION  OF
 PROBATION.
   (D) THE LICENSEE HAS BEEN ON PROBATION MORE THAN ONCE.
   (4) THE LICENSEE OR, IN THE EVENT THAT THE PATIENT'S APPOINTMENT IS AT
 A  LOCATION  OTHER  THAN  THE  LICENSEE'S  PRACTICE, THE LICENSEE OR THE
 HOSPITAL OR PRACTICE WHERE THE PATIENT'S APPOINTMENT IS OCCURRING  SHALL
 OBTAIN  FROM  EACH  PATIENT  A  SIGNED  RECEIPT FOLLOWING THE DISCLOSURE
 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION THAT INCLUDES  A  WRITTEN
 EXPLANATION  OF  HOW  THE  PATIENT  CAN  FIND FURTHER INFORMATION ON THE
 LICENSEE'S PROBATION ON THE APPLICABLE STATE BOARD'S INTERNET WEBSITE.
   (5) IF A PATIENT, THE PATIENT'S GUARDIAN, OR THE PATIENT'S HEALTH CARE
 SURROGATE ELECTS TO CANCEL THE PATIENT'S APPOINTMENT WITH  THE  LICENSEE
 UPON BEING PROVIDED WITH THE DISCLOSURE REQUIRED BY SUBDIVISION THREE OF
 THIS  SECTION,  NEITHER  THE PATIENT NOR THE PATIENT'S INSURANCE COMPANY
 SHALL BE CHARGED FOR THE APPOINTMENT.
   (6) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS  SECTION  SHALL  BE
 SUBJECT  TO A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS. ANY PERSON WHO
 COMMITS SUBSEQUENT, WILLFUL VIOLATIONS OF THE PROVISIONS OF THIS SECTION
 SHALL HAVE HIS OR HER LICENSE SUSPENDED FOR  A  PERIOD  OF  TIME  TO  BE
 DETERMINED BY THE COMMISSIONER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law and shall apply to all probationary orders
 A. 10010                            3
 
 issued on or after January 1, 2022. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.