S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1596
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  reporting
   certain  convictions  and  sentences  to  the  office  of professional
   medical conduct within twenty-four hours;  and  to  amend  the  public
   health  law,  in relation to requiring the department to disseminate a
   criminal conviction  and  criminal  sentence  of  a  physician  within
   forty-eight hours of receipt
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380.85 of the criminal procedure law, as  added  by
 chapter 477 of the laws of 2008, is amended to read as follows:
 § 380.85 Reporting  CONVICTIONS  AND sentences to office of professional
            medical conduct; licensed physician, physician assistant,  or
            specialist assistant.
   1. WHENEVER A PERSON WHO IS A LICENSED PHYSICIAN, PHYSICIAN ASSISTANT,
 OR SPECIALIST ASSISTANT OR A PHYSICIAN WHO IS PRACTICING UNDER A LIMITED
 PERMIT  OR  AS  A MEDICAL RESIDENT IS CONVICTED OF A CRIME, THE DISTRICT
 ATTORNEY OR OTHER PROSECUTING AUTHORITY  WHO  OBTAINED  SUCH  CONVICTION
 SHALL  PROVIDE  NOTIFICATION  OF THE CONVICTION TO THE OFFICE OF PROFES-
 SIONAL MEDICAL CONDUCT WITHIN TWENTY-FOUR HOURS. SUCH NOTIFICATION SHALL
 IDENTIFY  THE  OFFENSE  OR  OFFENSES  OF  WHICH  SUCH  PERSON  HAS  BEEN
 CONVICTED, THE NAME AND ADDRESS OF SUCH PERSON AND ANY OTHER IDENTIFYING
 INFORMATION  PRESCRIBED  BY  THE  COMMISSIONER  OF HEALTH, INCLUDING THE
 PERSON'S DATE OF  BIRTH  AND  SOCIAL  SECURITY  NUMBER,  TO  THE  EXTENT
 CONSISTENT  WITH  FEDERAL  AND STATE LAWS GOVERNING PERSONAL PRIVACY AND
 CONFIDENTIALITY OF INFORMATION. SUCH DISTRICT ATTORNEY OR  OTHER  PROSE-
 CUTING  AUTHORITY  SHALL  INCLUDE  IN  SUCH NOTICE THE NAME AND BUSINESS
 ADDRESS OF THE PERSON'S COUNSEL OF RECORD IN THE CRIMINAL PROCEEDING.
   2. Whenever a person who is a licensed physician, physician assistant,
 or specialist assistant or a physician who is practicing under a limited
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05803-01-3
              

 A. 1596                             2
 
 permit or as a medical resident is sentenced for a crime, the court that
 has sentenced such person shall deliver a copy  of  the  certificate  of
 conviction  and  provide  notification of the conviction and sentence to
 the office of professional medical conduct WITHIN TWENTY-FOUR HOURS.
   §  2.  Subdivision  9  of  section 2995-a of the public health law, as
 amended by section 3 of part A of chapter 57 of the  laws  of  2015,  is
 amended to read as follows:
   9.  (A)  The  department  shall,  in  addition  to hard copy physician
 profiles, provide for electronic access  to  and  copying  of  physician
 profiles  developed pursuant to this section through the system commonly
 known as the Internet. The department shall update a physician's  online
 profile  within  thirty days of receipt of a completed physician profile
 survey or any change in profile information.
   (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE DEPARTMENT SHALL UPDATE A PHYSICIAN'S ONLINE PROFILE  WITHIN  FORTY-
 EIGHT  HOURS  OF  RECEIPT OF A NOTIFICATION OF CONVICTION OR A COPY OF A
 CERTIFICATE OF CONVICTION PURSUANT TO SECTION  380.85  OF  THE  CRIMINAL
 PROCEDURE LAW.
   § 3. This act shall take effect immediately.