NY State Senate Bill 2021-S310A

Senate Bill S310A

2021-2022 Legislative Session

Requires certain health care providers to disclose certain facts in regards to probation to current and new patients

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education 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 higher education
May 04, 2021	print number 310a
May 04, 2021	amend (t) and recommit to higher education
Jan 06, 2021	referred to higher education

Bill Amendments

Original

A (Active)

2021-S310 - Details

See Assembly Version of this Bill:: A10010
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S1191, A8117

2021-S310 - Summary

Requires certain health care providers to disclose certain facts in regards to probation to current and new patients.

2021-S310 - Sponsor Memo

                                
 
BILL NUMBER: S310

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring certain
health care providers to disclose the fact that the provider is on
probation to current and new patients

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to require certain health care providers to
disclose the fact that the provider is on probation to current and new
patients.

 
SUMMARY OF SPECIFIC PROVISIONS:

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 (chiropractic), one
hundred thirty-three (dentistry and dental hygiene), one hundred thir-
ty-four (licensed perfusionists), one hundred thirty-six (physical ther-
apy and physical therapist assistants), one hundred thirty-nine (nurs-
ing), 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 (occupational thera-
py), one hundred sixty (acupuncture), and one hundred sixty-four
(respiratory therapists and respiratory therapy technicians).

 
JUSTIFICATION:

The bill aims to promote patient and provider's trust while providing
patients with much better clarity when it comes to their chosen provid-
ers. In 2018, an experienced Pediatric Surgeon was charged with profes-
sional misconduct in the treatment of 5 children between 2010-2012.
According to the New York State Health Department, the provider "devi-
ated from accepted standards of care or failed to exercise the care that
a reasonably prudent pediatric surgeon would have exercised under simi-
lar circumstances." Despite having a series of negligent charges filed
against her, that provider still kept her positions as a surgeon and
associate professor at a hospital in Buffalo. The provider had her first
gross negligent case in 2010 when she failed to perform a proper colos-
tomy on a 6-year-old. According to charges filed against her, she
brought out the wrong end of the patient's colon.

One of the following cases filed against her reads as follows:
"respondent failed to timely and/or adequately evaluate and/or diagnose
and/or treat Patient E for signs and/or symptoms of bowel obstruction
and/or bowel stricture." Presently, there is not a law in the state of
New York that mandates doctors to disclose their disciplinary actions to
their patients. Having patients look up their doctors through the OPM
website or www.nydoctorprofile.com can be time-consuming, and the
medical jargon itself is confusing. The patient should know if a doctor
has been disciplined before allowing him to operate their loved ones.

In this doctor's case, the patient's parents would have benefited from
such information. Probation does not automatically mean a doctor is no
longer qualified to practice medicine.

In 2017, the NYS Department of Health, Office of Professional Medical
Conduct (OPM) stated 1396 licensees were being monitored; 480 for
impairment issues; 916 for probations other than impairments. Not all
licensees comply with the determinations of their Board orders. For
instance, in 2017, the Board for Professional medical Conduct had to
impose disciplinary action against a total of 9 physicians for failure
to comply with orders,7 of those physicians lost their licenses. The
other 3 physicians had to go to court hearings because of their failure
to comply with their probation orders.

This bill seeks to provide patients with a better understanding of their
doctors' medical licenses status and facilitate the trust between the
two parties.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
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
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 and
directed to be made and completed on or before such effective date.

2021-S310 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    310
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  certain
   health  care  providers  to  disclose the fact that the provider is on
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03061-01-1

 S. 310                              2
 
   (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
 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

 S. 310                              3
 
 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
 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.

2021-S310A (ACTIVE) - Details

See Assembly Version of this Bill:: A10010
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S1191, A8117

2021-S310A (ACTIVE) - Summary

Requires certain health care providers to disclose certain facts in regards to probation to current and new patients.

2021-S310A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S310A

SPONSOR: PERSAUD
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to require certain health care providers to
disclose the fact that the provider is on probation to current and new
patients.

 
SUMMARY OF SPECIFIC PROVISIONS:

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

(chiropractic), 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 prac-
tice)one hundred forty-one (podiatry), one hundred forty-three (optome-
try),one hundred fifty-five (massage therapy), one hundred fifty-six
(occupational therapy), one hundred sixty (acupuncture), and one hundred
sixty-four (respiratory therapists and respiratory therapy technicians).

 
JUSTIFICATION:

The bill aims to promote patient and provider's trust while providing
patients with much better clarity when it comes to their chosen provid-
ers. In 2018, an experienced Pediatric Surgeon was charged with profes-
sional misconduct in the treatment of 5 children between 2010-2012.
According to the New York State Health Department, the provider "devi-
ated from accepted standards of care or failed to exercise the care that
a reasonably prudent pediatric surgeon would have exercised under simi-
lar circumstances." Despite having a series of negligent charges filed
against her, that provider still kept her positions as a surgeon and
associate professor at a hospital in Buffalo. The provider had her first
gross negligent case in 2010. Then she failed to perform a proper colos-
tomy on a 6-year-o1d. According to charoes filed against her, she
brought our the wrong end of the patient's colon.

One of the following cases filed. against her reads as follows:
"respondent failed to timely and/or adequately evaluate and/or diagnose
and/or treat Patient E for signs and/or symptoms of bowel obstruction
and/or bowel stricture." Presently, there is not a law in the state of
New York that Mandates doctors to disclose their disciplinary actions to
their patients. Having patients look up their doctors through the OPM
website or www.nydoctorprofile.com can be time-consuming, and the
medical jargon itself is confusing. The patient should know if a doctor
has been disciplined before allowing him to operate their loved ones.



In this doctor's case, the patient's parents would have benefited from
such information. Probation does not automatically mean a doctor is no
longer qualified to practice medicine.

In 2017, the NYS Department of Health, Office of Professional Medical
Conduct (OPM) stated 1396 licensees were being monitored;.480 for
impairment issues; 916 for probations other than impairments. Not all
licensees comply with the determinations of their Board orders. For
instance, in 2017, the Board for Professional medical Conduct had to
impose disciplinary action against a total of 9 physicians for failure
to comply with orders,7 of those physicians lost their licenses. The
other 3 physicians had to go to court hearings because of their failure
to comply with their probation orders.

This bill seeks to provide patients with a better understanding of their
doctors' medical licenses status and facilitate the trust between the
two parties.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
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
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 and
directed to be made and completed on or before such effective date.

2021-S310A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  310--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03061-02-1

 S. 310--A                           2
 
 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
 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.

 S. 310--A                           3
 
   (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
 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.

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.