S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  306--A
                                                          Cal. No. 22
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, CAHILL, J. RIVERA, GLICK, PAULIN,
   COOK, PERRY, ENGLEBRIGHT, O'DONNELL,  L. ROSENTHAL,  HEVESI,  BRONSON,
   FAHY,  DICKENS, TAYLOR, SIMON, SAYEGH, CRUZ, REYES, ABINANTI, DARLING,
   FERNANDEZ, GALLAGHER, GRIFFIN, SEAWRIGHT,  BURDICK,  KELLES,  JACKSON,
   LAVINE,  GONZALEZ-ROJAS, BICHOTTE HERMELYN, OTIS -- Multi-Sponsored by
   -- M. of  A.  CARROLL,  DINOWITZ,  EPSTEIN,  GALEF,  HUNTER,  LUPARDO,
   PEOPLES-STOKES,  PRETLOW -- read once and referred to the Committee on
   Higher Education -- ordered to a third reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading
 
 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 incarcerated persons 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  incarcerated  persons,  and  related
 matters.  It  is guided by two basic principles: (1) health care profes-
 sionals 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 incarcerated  persons  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  obligations  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
 incarcerated  persons, which in turn will protect the life and health of
 the people of the state and those with whom  New  York  licensed  health
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00111-04-2
 A. 306--A                           2
 
 care  professionals  interact.   A health care professional who comes to
 the aid of an incarcerated person  should  not  be  presumed  to  be  in
 violation  when she or he is fulfilling the ethical principle of benefi-
 cence. In contrast, a health care professional who, for example, attends
 to  an  incarcerated person in order to allow torture or improper treat-
 ment 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 ordi-
 narily there are limits on New York  state's  jurisdiction  relating  to
 conduct  outside  the  state  or under federal authority. However, it is
 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.
   § 2. The public health law is amended by adding a new  section  25  to
 read as follows:
   §  25.  PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF INCARCERATED
 PERSONS BY HEALTH CARE PROFESSIONALS.  1. DEFINITIONS. AS USED  IN  THIS
 SECTION,  THE  TERMS  "TORTURE" AND "IMPROPER TREATMENT" SHALL BE INTER-
 PRETED IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING INTERNATIONAL  TREA-
 TIES  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 FOLLOWING 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, DENTAL HYGIENE, AND REGISTERED  DENTAL  ASSIST-
 ING),  ONE  HUNDRED  THIRTY-SIX (PHYSICAL THERAPY AND PHYSICAL THERAPIST
 ASSISTANTS), ONE HUNDRED THIRTY-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 THERAPY), 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 TECH-
 NOLOGY).
   (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 NO LAWFUL PURPOSE OR FOR SUCH PURPOSES AS OBTAINING FROM
 THE PERSON OR FROM A THIRD PERSON INFORMATION OR A CONFESSION, PUNISHING
 OR  DISCIPLINING OR RETALIATING AGAINST THE PERSON FOR AN ACT THE PERSON
 OR A THIRD PERSON HAS CARRIED OUT (INCLUDING THE HOLDING OF A BELIEF  OR
 MEMBERSHIP  IN ANY GROUP) OR IS SUSPECTED OF HAVING OR PERCEIVED TO HAVE
 A. 306--A                           3
 
 CARRIED OUT, OR INTIMIDATING OR COERCING THE PERSON OR A  THIRD  PERSON,
 OR FOR ANY REASON BASED ON DISCRIMINATION OF ANY KIND.
   (C) "IMPROPER TREATMENT" MEANS (I) CRUEL, INHUMAN OR DEGRADING, TREAT-
 MENT  OR  PUNISHMENT  AS  DEFINED  BY  APPLICABLE INTERNATIONAL TREATIES
 INCLUDING BUT NOT LIMITED TO THE CONVENTION AGAINST TORTURE,  AND  OTHER
 CRUEL, INHUMANE, OR DEGRADING TREATMENT OR PUNISHMENT, THE INTERNATIONAL
 COVENANT  ON  CIVIL  AND  POLITICAL  RIGHTS, THE UNITED NATIONS STANDARD
 MINIMUM RULES FOR TREATMENT OF PRISONERS, THE BODY OF PRINCIPLES FOR THE
 PROTECTION OF ALL PERSONS UNDER ANY FORM OF DETENTION  OR  IMPRISONMENT,
 THE  BASIC  PRINCIPLES  FOR  THE  TREATMENT OF PRISONERS AND, THE UNITED
 NATIONS STANDARD  MINIMUM  RULES  FOR  THE  ADMINISTRATION  OF  JUVENILE
 JUSTICE  AND THEIR CORRESPONDING INTERPRETING BODIES; AND APPLICABLE NEW
 YORK STATE LAW GOVERNING THE PROPER TREATMENT  OF  INCARCERATED  PERSONS
 INCLUDING,  BUT  NOT LIMITED TO, SUBDIVISIONS TWENTY-THREE, THIRTY-THREE
 AND THIRTY-FOUR OF SECTION TWO,  SECTIONS  FORTY-FIVE  AND  ONE  HUNDRED
 THIRTY-SEVEN, SUBDIVISION SEVEN OF SECTION ONE HUNDRED THIRTY-EIGHT, AND
 SECTIONS  FOUR HUNDRED ONE, FOUR HUNDRED ONE-A AND FIVE HUNDRED-K OF THE
 CORRECTION LAW, OR APPLICABLE STATE OR LOCAL LAW; 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; OR (III) ANY FORM OF PHYSICAL BRUTALITY, IMPROPER USE
 OF FORCE, OR DEPRIVATION OF FOOD, WATER,  BASIC  HYGIENE  MATERIALS  AND
 ACCESS, OR OTHER BASIC HUMAN NEEDS OR LIVING CONDITIONS.
   (D)  "INCARCERATED  PERSON" MEANS ANY PERSON WHO IS SUBJECT TO PUNISH-
 MENT, DETENTION, INCARCERATION, INTERROGATION, INTIMIDATION OR COERCION,
 REGARDLESS OF WHETHER SUCH ACTION IS PERFORMED OR COMMITTED BY A GOVERN-
 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 AN INCARCERAT-
 ED  PERSON AS DEFINED BY THIS SECTION IS BEING, MAY IN THE FUTURE BE, OR
 HAS BEEN SUBJECTED TO TORTURE OR IMPROPER TREATMENT, MUST USE DUE  DILI-
 GENCE, 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 INCARCERATED PERSON UNDER HIS OR
 A. 306--A                           4
 
 HER PROFESSIONAL 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 AN INCARCERATED PERSON,
 WHETHER FOR THERAPEUTIC OR  EVALUATIVE  PURPOSES,  HEALTH  CARE  PROFES-
 SIONALS  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 INCARCERATED PERSON UNLESS THE
 PURPOSE IS SOLELY TO EVALUATE, TREAT, PROTECT, OR IMPROVE  THE  PHYSICAL
 OR  MENTAL  HEALTH  OR  CONDITION  OF THE INCARCERATED PERSON (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, COVER UP OF, FAILURE TO DOCU-
 MENT, OR ATTEMPT OR CONSPIRACY TO COMMIT TORTURE OR  IMPROPER  TREATMENT
 OF  AN  INCARCERATED  PERSON. 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;
   (III) EXAMINING, EVALUATING, OR TREATING  AN  INCARCERATED  PERSON  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  AN
 INCARCERATED  PERSON  WHEN  SUCH ASSISTANCE IS PROVIDED IN A MANNER THAT
 MAY ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION  OF  THE
 INCARCERATED  PERSON  (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 AN INCARCERATED PERSON, 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
 PSYCHOLOGICALLY  EVALUATING  A  PERSON  FOR  THE  PURPOSE OF IDENTIFYING
 POTENTIAL INTERROGATION 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 AN INCAR-
 CERATED PERSON OR POTENTIAL SUBJECT, AND IS NOT OTHERWISE UNLAWFUL:
 A. 306--A                           5
 
   (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 AN INCARCERATED PERSON OR
 TEMPORARILY ALTERS THE PHYSICAL OR MENTAL ACTIVITY  OF  AN  INCARCERATED
 PERSON,  WHERE  THE ACT COMPLIES WITH GENERALLY APPLICABLE LEGAL, HEALTH
 AND PROFESSIONAL STANDARDS, IS NECESSARY FOR THE PROTECTION OF THE PHYS-
 ICAL OR MENTAL HEALTH, CONDITION OR SAFETY OF THE  INCARCERATED  PERSON,
 OTHER INCARCERATED PERSONS, OR PERSONS CARING FOR, GUARDING OR CONFINING
 THE INCARCERATED PERSON;
   (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 INCARCERATED PERSON, OR OTHER PARTIES, REPORT SUCH CONDUCT TO:
   (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 AN INCARCERATED PERSON  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 AN INCARCERATED PERSON 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.
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   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.
   § 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 INCARCER-
 ATED PERSONS BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION  UNDER
 THAT SECTION.
   §  4.  Section  6530  of  the education law is amended by adding a new
 subdivision 51 to read as follows:
   51. ANY VIOLATION OF SECTION TWENTY-FIVE  OF  THE  PUBLIC  HEALTH  LAW
 (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF INCARCER-
 ATED  PERSONS BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER
 THAT SECTION.
   § 5. Paragraphs (b) and (c) of subdivision 2 of  section  740  of  the
 labor  law,  as  amended by chapter 522 of the laws of 2021, 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 activity,
 policy or practice by such employer; [or]
   (c) objects to, or refuses to participate in any such activity, policy
 or practice[.]; OR
   (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  INCARCERATED  PERSONS  BY  HEALTH  CARE  PROFES-
 SIONALS).
   §  6.  Subdivision  3  of  section 740 of the labor law, as amended by
 chapter 522 of the laws of 2021, is amended to read as follows:
   3. Application. The protection against retaliatory action provided  by
 paragraph  (a)  of subdivision two of this section pertaining to disclo-
 sure to a public body shall not apply to  an  employee  who  makes  such
 disclosure  to  a  public body unless the employee has made a good faith
 effort to notify his or her employer by bringing the activity, policy or
 practice to the attention of  a  supervisor  of  the  employer  and  has
 afforded  such  employer a reasonable opportunity to correct such activ-
 ity, policy  or  practice.  Such  employer  notification  shall  not  be
 required  where:  (a)  there  is  an  imminent and serious danger to the
 public health or safety;  (b)  the  employee  reasonably  believes  that
 reporting to the supervisor would result in a destruction of evidence or
 other  concealment  of the activity, policy or practice; (c) such activ-
 ity, policy or practice could reasonably be expected to lead  to  endan-
 gering the welfare of a minor; (d) the employee reasonably believes that
 reporting to the supervisor would result in physical harm to the employ-
 ee or any other person; or (e) the employee reasonably believes that the
 supervisor is already aware of the activity, policy or practice and will
 not  correct  such activity, policy or practice.  HOWEVER, THIS SUBDIVI-
 A. 306--A                           7
 
 SION 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 INCARCERATED PERSONS BY HEALTH CARE PROFESSIONALS).
   §  7.  Paragraphs  (a)  and (b) of subdivision 2 of section 741 of the
 labor law, as amended by chapter 117 of the laws of  2020,  are  amended
 and a new paragraph (c) is added to read as follows:
   (a)  discloses  or  threatens to disclose to a supervisor, to a public
 body, to a news media outlet, or to a social media  forum  available  to
 the  public at large, an activity, policy or practice of the employer or
 agent that the employee, in good faith, reasonably believes  constitutes
 improper  quality of patient care or improper quality of workplace safe-
 ty; [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
 improper quality of workplace safety[.]; 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 INCARCERATED PERSONS BY HEALTH CARE PROFESSIONALS).
   §  8.  Subdivision  3  of  section 741 of the labor law, as amended by
 chapter 117 of the laws of 2020, 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  or  improper
 quality  of  workplace  safety  to the attention of a supervisor and has
 afforded the employer a reasonable opportunity 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 or  improper  quality
 of  workplace  safety  described  therein presents an imminent threat to
 public health or safety or to  the  health  of  a  specific  patient  or
 specific  health  care  employee 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 (PARTIC-
 IPATION IN TORTURE OR IMPROPER  TREATMENT  OF  INCARCERATED  PERSONS  BY
 HEALTH CARE PROFESSIONALS).
   §  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.
   § 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.
   §  11.    This  act  shall  take  effect  on the first of January next
 succeeding the date on which it  shall  have  become  a  law;  provided,
 however,  that  if  chapter 522 of the laws of 2021 shall not have taken
 effect on or before such date, then sections five and six  of  this  act
 shall  take effect on the same date and in the same manner as such chap-
 ter of the laws of 2021 takes effect.