S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5297
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to prohibited hospital interference with patient care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 2831 to read as follows:
   §  2831.  INTERFERENCE WITH CARE; PROHIBITED. 1. EXCEPT AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION, IF A HEALTH CARE PRACTITIONER  LICENSED
 PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW IS ACTING IN GOOD FAITH,
 WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE,  AND  WITHIN  THE  RELEVANT
 STANDARD OF CARE, A HOSPITAL SHALL NOT:
   (A)  LIMIT THE HEALTH CARE PRACTITIONER'S PROVISION OF MEDICALLY ACCU-
 RATE AND COMPREHENSIVE INFORMATION AND RESOURCES TO A PATIENT  REGARDING
 THE  PATIENT'S  HEALTH  STATUS INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS,
 PROGNOSIS, RECOMMENDED TREATMENT,  TREATMENT  ALTERNATIVES,  INFORMATION
 ABOUT  AVAILABLE  SERVICES  AND  WHERE  AND  HOW TO OBTAIN THEM, AND ANY
 POTENTIAL RISKS TO THE PATIENT'S HEALTH OR LIFE; OR
   (B) PROHIBIT THE HEALTH CARE PRACTITIONER FROM PROVIDING  HEALTH  CARE
 SERVICES RELATED TO COMPLICATIONS OF PREGNANCY, INCLUDING BUT NOT LIMIT-
 ED  TO  HEALTH  SERVICES RELATED TO MISCARRIAGE MANAGEMENT AND TREATMENT
 FOR ECTOPIC PREGNANCIES, IN  CASES  IN  WHICH  FAILURE  TO  PROVIDE  THE
 SERVICE  WOULD VIOLATE THE ACCEPTED STANDARD OF CARE OR WHEN THE PATIENT
 PRESENTS A MEDICAL CONDITION MANIFESTING ITSELF  BY  ACUTE  SYMPTOMS  OF
 SUFFICIENT  SEVERITY  SUCH  THAT  THE ABSENCE OF MEDICAL ATTENTION COULD
 REASONABLY BE EXPECTED TO POSE A RISK:
   I. TO THE PATIENT'S LIFE; OR
   II. OF IRREVERSIBLE COMPLICATIONS OR IMPAIRMENT TO THE PATIENT'S BODI-
 LY FUNCTIONS OR ANY BODILY ORGAN OR PART.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08299-02-3
 A. 5297                             2
              

 
   2. NOTHING IN THIS SECTION PROHIBITS A HOSPITAL FROM LIMITING A HEALTH
 CARE PROVIDER'S PRACTICE TO PROTECT PATIENTS' PHYSICAL SAFETY.
   3.  A  HEALTH CARE ENTITY SHALL NOT DISCHARGE, DEMOTE, SUSPEND, DISCI-
 PLINE, DISCRIMINATE OR OTHERWISE RETALIATE AGAINST A HEALTH CARE PRACTI-
 TIONER FOR ENGAGING IN COMMUNICATIONS OR PROVIDING  SERVICES  CONSISTENT
 WITH THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  DESIGN, PREPARE, AND MAKE AVAILABLE ONLINE
 WRITTEN MATERIALS TO CLEARLY INFORM HEALTH CARE PRACTITIONERS AND  STAFF
 OF THE PROVISIONS OF THIS SECTION.
   5.  A  PATIENT,  A  HEALTH CARE PRACTITIONER, OR AN INDIVIDUAL, WHO IS
 AGGRIEVED BY A VIOLATION OF SUBDIVISION ONE OF THIS SECTION, MAY BRING A
 CIVIL ACTION AGAINST A HOSPITAL TO ENJOIN  FURTHER  VIOLATIONS,  RECOVER
 DAMAGES OR BOTH, AND SHALL RECOVER COSTS AND REASONABLE ATTORNEYS' FEES.
   § 2. Subdivision 3 of section 6507 of the education law, is amended by
 adding a new paragraph d to read as follows:
   D.  ENSURE  THAT  EACH LICENSEE, REGISTRANT, OR RECIPIENT OF A LIMITED
 PERMIT TO BE A PHYSICIAN, PHYSICIAN'S ASSISTANT,  SPECIALIST  ASSISTANT,
 PHARMACIST, PHARMACY TECHNICIAN, REGISTERED PROFESSIONAL NURSE, LICENSED
 PRACTICAL NURSE, NURSE PRACTITIONER, CLINICAL NURSE SPECIALIST, MIDWIFE,
 PSYCHOLOGIST,  LICENSED  MASTER  SOCIAL WORKER, LICENSED CLINICAL SOCIAL
 WORKER,  OCCUPATIONAL  THERAPIST,  OCCUPATIONAL  THERAPY  ASSISTANT,  OR
 MENTAL  HEALTH  PRACTITIONER  RECEIVES, UPON LICENSURE, REGISTRATION, OR
 ISSUANCE OF A LIMITED PERMIT, THE INFORMATION PREPARED BY THE DEPARTMENT
 OF HEALTH UNDER SUBDIVISION FOUR OF SECTION TWENTY-EIGHT  HUNDRED  THIR-
 TY-ONE  OF THE PUBLIC HEALTH LAW. LICENSEES, REGISTRANTS, AND RECIPIENTS
 OF LIMITED PERMITS SHALL BE ENCOURAGED TO SHARE THE INFORMATION PROVIDED
 WITH THEIR COLLEAGUES WHO ARE NOT SUBJECT TO STATE LICENSURE.
   § 3. If any clause, sentence, paragraph, section or part of  this  act
 be  adjudged  by any court of competent jurisdiction to be invalid, such
 judgment shall not affect, impair or invalidate the remainder hereof but
 shall be applied in its operation to the  clause,  sentence,  paragraph,
 section  or  part  hereof  directly involved in the controversy in which
 such judgment shall have been rendered.
   § 4. This act shall take effect immediately.