NY State Senate Bill 2021-S1606

Senate Bill S1606

2021-2022 Legislative Session

Grants immunity from liability to organizations which establish physician committees the purpose of which is to refer to treatment physicians who are thought to be suffering from addiction or mental illness

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 14, 2021	referred to health

2021-S1606 (ACTIVE) - Details

See Assembly Version of this Bill:: A865
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §230, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3461, A7267
2017-2018: S2245, A2703
2019-2020: S1796, A2995
2023-2024: S3449, A6017

2021-S1606 (ACTIVE) - Summary

Grants immunity from liability to organizations which establish physician committees the purpose of which is to confront and refer to treatment physicians who are thought to be suffering from addiction or mental illness.

2021-S1606 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1606

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to granting immunity
from liability to organizations which establish physician committees

 
PURPOSE:

To make technical amendments to a statutorily-recognized program that
ensures physicians who have faced substance abuse or mental health
issues can receive appropriate treatment and referral.

 
SUMMARY OF PROVISIONS:

Section one of the bill re-numbers specific provisions of the Public
Health law Section 230(11)(g) that authorizes the Medical Society of the
State of New York's Committee for Physicians' Health program, and adds
additional statutory language to clarify that the liability protections
offered in the statute for physician participants in the program extend

to the organizations themselves as well as their employees acting with-
out malice and within the scope of its functions for the committee.

Section two of the bill provides an effective date.

 
JUSTIFICATION:

For over 30 years, the Medical Society's Committee for Physicians'
Health has successfully provided needed treatment and counseling to
numerous New York State physicians who are thought to be suffering from
alcoholism, substance abuse or mental illness. The New York State Legis-
lature has re-authorized the program numerous times, including most
recently enacting a 5-year extension in 2013.

Importantly, this statute exempts members of a physician committee of
the Medical Society of the State of New York, the New York State Osteo-
pathic Society, or a county medical society, including MSSNY's Committee
for Physicians' Health, from medical misconduct reporting requirements
based on information received solely from their participation on this
committee. The statute also expressly provides liability protections for
those physicians who serve on these committees for actions taken within
the scope of their functions for the committee.

However, a recent lower court decision has interpreted these liability
protections as not applying to the entity creating this physician
committee even though the statute expressly provides liability
protection for the physician members serving on this committee. There
would appear to be no good public policy objective for this result
except for the possibility that the law may have unintentionally been
written in such a way that may have permitted this interpretation.  This
legislation would correct this technical defect.

Furthermore, there are serious concerns that, without clarifying the
scope of the liability protections offered in this legislation, the
program run by the Medical Society and other similar programs in New
York State will be unable to continue to function. Enactment of this
legislation will continue to allow impaired physicians who have not

harmed patients to be able to obtain referrals for treatment and will
allow for intervention in order to help troubled physicians.

 
LEGISLATIVE HISTORY:

2015-2016: S.3461A Hannon

2017-2018: S.2245 Hannon

2019-2020: S.1796A/A.2995A Gottfried

 
FISCAL IMPLICATIONS: None.

 
EFFECTIVE DATE:
Immediately provided, that these provisions shall expire and be deemed
repealed with the sections they are amending.

2021-S1606 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1606
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed 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

 S. 1606                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.