S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    865
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, ABINANTI, GALEF, SAYEGH, SALKA -- read
   once and referred 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.
                                                            LBD00255-01-1

 A. 865                              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 OR ENTITY'S function [as  a
 member of] IN RELATION 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.