S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5011
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend the public health law, in relation to reporting inci-
   dents of possible professional misconduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Clara's Law".
   §  2.  Subdivision  1  of  section 2803-e of the public health law, as
 added by chapter 866 of the laws of 1980, is amended  by  adding  a  new
 paragraph (c) to read as follows:
   (C)  HOSPITALS  AND OTHER FACILITIES APPROVED PURSUANT TO THIS ARTICLE
 SHALL MAKE A REPORT OR CAUSE A REPORT TO BE MADE WITHIN THIRTY  DAYS  OF
 EVERY SEPARATE ALLEGATION OF A SEXUAL OFFENSE, AS DEFINED IN ARTICLE ONE
 HUNDRED  THIRTY  OF  THE  PENAL LAW, BY A HEALTH CARE PRACTITIONER WHICH
 INVOLVES A PATIENT.
   § 3. Subdivision 2 of section 2803-e of  the  public  health  law,  as
 amended  by chapter 542 of the laws of 2000, is amended and a new subdi-
 vision 4 is added to read as follows:
   2. Reports of possible professional misconduct made pursuant  to  this
 section  shall  be  made  in  writing  to  the education department with
 respect to all individuals licensed  pursuant  to  title  eight  of  the
 education  law  except that such reports shall be made to the department
 of health in the case of physicians, physician's assistants and special-
 ist's assistants. REPORTS FOR ALL ALLEGATIONS OF A SEXUAL OFFENSE PURSU-
 ANT TO PARAGRAPH (C) OF THIS SECTION SHALL BE MADE TO THE DEPARTMENT  OF
 HEALTH IN ADDITION TO THE EDUCATION DEPARTMENT WITH RESPECT TO ALL INDI-
 VIDUALS  LICENSED  PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. Written
 reports shall include the following information:
   (a) name, address, profession and license number of the individual;
   (b) a description of the action taken by the  hospital  including  the
 reason  for the action and the date thereof, or the nature of the action
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04586-01-1

 A. 5011                             2
 
 or conduct which led to the resignation  or  withdrawal,  and  the  date
 thereof, stated with sufficient specificity to allow a reasonable person
 to understand which of the reasons enumerated in subdivision one of this
 section  led  to  the action of the hospital or the resignation or with-
 drawal of the individual, and, if the reason was an act or  omission  of
 the individual, the particular act or omission;
   (c) any criminal conviction of which the hospital has knowledge; and
   (d)  such other information as the education department or the depart-
 ment of health shall require.
   4. FOR PURPOSES OF THIS SECTION THE TERM  "HEALTH  CARE  PRACTITIONER"
 SHALL MEAN A PERSON LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED TO PRAC-
 TICE UNDER TITLE EIGHT OF THE EDUCATION LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.