S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BIAGGI, KAVANAGH, KRUEGER, RIVERA, SALAZAR,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed to the Committee on Health -- recommitted to  the  Committee
   on  Health  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00111-05-2
 S. 794--A                           2
 
 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
 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
 S. 794--A                           3
 
 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
 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.
 S. 794--A                           4

   (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) 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
 S. 794--A                           5
 
 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.
   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.
 S. 794--A                           6
 
   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-
 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:
 S. 794--A                           7
 
   (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.