Assembly Bill A2991

2023-2024 Legislative Session

Relates to requiring health care facilities to report incidents of a sexual offense to the departments of both health and education

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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2023-A2991 (ACTIVE) - Details

See Senate Version of this Bill:
S1699
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803-e, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5474, S5124
2019-2020: A1123, S1406
2021-2022: A5011, S2277

2023-A2991 (ACTIVE) - Summary

Requires health care facilities to report incidents of a sexual offense to the departments of health and education.

2023-A2991 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2991
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced  by  M.  of A. GALLAHAN, BYRNES, HAWLEY, LEMONDES, MANKTELOW,
   DeSTEFANO, MORINELLO, J. M. GIGLIO, BRABENEC, DURSO, SIMPSON, TANNOUS-
   IS, MIKULIN, McDONOUGH, PALMESANO -- read once  and  referred  to  the
   Committee on Health
 
 AN  ACT  to  amend the public health law, in relation to reporting inci-
   dents of possible professional misconduct

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Clara's Law".
   §  2.  Subdivision  1  of  section 2803-e of the public health law, as
 added by chapter 866 of the laws of 1980, is amended  by  adding  a  new
 paragraph (c) to read as follows:
   (C)  HOSPITALS  AND OTHER FACILITIES APPROVED PURSUANT TO THIS ARTICLE
 SHALL MAKE A REPORT OR CAUSE A REPORT TO BE MADE WITHIN THIRTY  DAYS  OF
 EVERY SEPARATE ALLEGATION OF A SEXUAL OFFENSE, AS DEFINED IN ARTICLE ONE
 HUNDRED  THIRTY  OF  THE  PENAL LAW, BY A HEALTH CARE PRACTITIONER WHICH
 INVOLVES A PATIENT.
   § 3. Subdivision 2 of section 2803-e of  the  public  health  law,  as
 amended  by chapter 542 of the laws of 2000, is amended and a new subdi-
 vision 4 is added to read as follows:
   2. Reports of possible professional misconduct made pursuant  to  this
 section  shall  be  made  in  writing  to  the education department with
 respect to all individuals licensed  pursuant  to  title  eight  of  the
 education  law  except that such reports shall be made to the department
 of health in the case of physicians, physician's assistants and special-
 ist's assistants. REPORTS FOR ALL ALLEGATIONS OF A SEXUAL OFFENSE PURSU-
 ANT TO PARAGRAPH (C) OF THIS SECTION SHALL BE MADE TO THE DEPARTMENT  OF
 HEALTH IN ADDITION TO THE EDUCATION DEPARTMENT WITH RESPECT TO ALL INDI-
 VIDUALS  LICENSED  PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. Written
 reports shall include the following information:
   (a) name, address, profession and license number of the individual;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04919-01-3
              

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