S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3228--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK, COMRIE, KAVANAGH, KRUEGER,
   RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  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 individuals 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 individuals, 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 individuals 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 individuals, 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 individual should not be presumed  to  be  in
 violation when they are fulfilling the ethical principle of beneficence.
 In  contrast, a health care professional who, for example, attends to an
 incarcerated individual in order to allow torture or improper  treatment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07802-02-3
              

 S. 3228--A                          2
 
 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 ordinarily 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  profes-
 sional  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
 INDIVIDUALS BY HEALTH CARE PROFESSIONALS.  1. DEFINITIONS.   AS USED  IN
 THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOW-
 ING 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.  FOR THE PURPOSES
 OF THIS SECTION, IT SHALL NOT BE AN ELEMENT OF TORTURE 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.
   (C)  "IMPROPER  TREATMENT"  INCLUDES  ANY  CRUEL, INHUMAN OR DEGRADING
 TREATMENT OR PUNISHMENT AS THOSE TERMS ARE DEFINED  IN  AND  APPLIED  BY
 APPLICABLE  INTERNATIONAL  TREATIES  INCLUDING  BUT  NOT  LIMITED TO THE
 CONVENTION AGAINST TORTURE, AND  OTHER  CRUEL,  INHUMANE,  OR  DEGRADING
 TREATMENT  OR  PUNISHMENT, THE INTERNATIONAL COVENANT ON CIVIL AND POLI-
 TICAL RIGHTS, THE UNITED NATIONS STANDARD MINIMUM RULES FOR TREATMENT OF
 PRISONERS, THE BODY OF PRINCIPLES FOR  THE  PROTECTION  OF  ALL  PERSONS
 S. 3228--A                          3
 
 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.  IMPROPER  TREATMENT  ALSO  INCLUDES ANY CRUEL AND
 UNUSUAL PUNISHMENT AS DEFINED IN THE UNITED STATES CONSTITUTION  OR  THE
 NEW  YORK  STATE  CONSTITUTION.  IMPROPER  TREATMENT  ALSO  INCLUDES ANY
 VIOLATION OF SUBDIVISION THREE OR FOUR OF  THIS  SECTION,  ANY  FORM  OF
 PHYSICAL  BRUTALITY,  IMPROPER USE OF FORCE, DEPRIVATION OF FOOD, WATER,
 BASIC HYGIENE MATERIALS AND ACCESS, OR OTHER BASIC HUMAN NEEDS OR LIVING
 CONDITIONS, OR ANY VIOLATION OF APPLICABLE NEW YORK STATE LAW  GOVERNING
 THE  PROPER  TREATMENT  OF INCARCERATED INDIVIDUALS. FOR THE PURPOSES OF
 THIS SECTION, IT SHALL NOT BE AN ELEMENT OF IMPROPER TREATMENT THAT SUCH
 ACTS BE COMMITTED BY A GOVERNMENT ACTOR, ENTITY, OR  OFFICIAL  OR  BY  A
 NON-GOVERNMENT  ACTOR, ENTITY, OR OFFICIAL; OR THAT SUCH ACTS BE COMMIT-
 TED UNDER COLOR OF LAW OR NOT UNDER COLOR OF LAW. THE COMMISSIONER SHALL
 PROVIDE GUIDANCE TO HEALTH CARE PROFESSIONALS REGARDING  ACTS  OR  OMIS-
 SIONS THAT CONSTITUTE IMPROPER TREATMENT UNDER THIS SECTION AND POST THE
 GUIDANCE ON THE DEPARTMENT'S WEBSITE.
   (D)  "INCARCERATED  INDIVIDUAL"  MEANS  ANY  PERSON  WHO IS SUBJECT TO
 PUNISHMENT, DETENTION,  INCARCERATION,  INTERROGATION,  INTIMIDATION  OR
 COERCION, REGARDLESS OF WHETHER SUCH ACTION IS PERFORMED OR COMMITTED BY
 A  GOVERNMENT  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.    A  HEALTH CARE PROFESSIONAL WHO RECEIVES INFORMATION
 THAT INDICATES THAT  AN  INCARCERATED  INDIVIDUAL  AS  DEFINED  BY  THIS
 SECTION IS BEING, MAY IN THE FUTURE BE, OR HAS BEEN SUBJECTED TO TORTURE
 OR IMPROPER TREATMENT, MUST USE DUE DILIGENCE IN FULFILLING ALL OF THEIR
 RESPONSIBILITIES UNDER THIS SECTION.
   3. GENERAL OBLIGATIONS OF HEALTH CARE PROFESSIONALS.  (A) EVERY HEALTH
 CARE  PROFESSIONAL  SHALL  PROVIDE  EVERY  INCARCERATED INDIVIDUAL UNDER
 THEIR PROFESSIONAL CARE WITH CARE OR TREATMENT CONSISTENT WITH GENERALLY
 APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS TO THE  EXTENT  THAT
 THEY  ARE  REASONABLY  ABLE  TO DO SO UNDER THE CIRCUMSTANCES, INCLUDING
 PROTECTING THE CONFIDENTIALITY OF PATIENT INFORMATION.
   (B) IN ALL CLINICAL ASSESSMENTS RELATING TO AN  INCARCERATED  INDIVID-
 UAL, 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.
 S. 3228--A                          4
 
   4. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PROHIBITED.    (A)  NO
 HEALTH  CARE  PROFESSIONAL  SHALL  KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY
 APPLY THEIR KNOWLEDGE OR SKILLS IN RELATION TO, ENGAGE  IN  ANY  PROFES-
 SIONAL  RELATIONSHIP  WITH, OR PERFORM PROFESSIONAL SERVICES IN RELATION
 TO ANY INCARCERATED INDIVIDUAL UNLESS THE PURPOSE IS SOLELY TO EVALUATE,
 TREAT, PROTECT, OR IMPROVE THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF
 THE INCARCERATED INDIVIDUAL (EXCEPT AS PERMITTED BY PARAGRAPH (B) OR (C)
 OF SUBDIVISION FIVE OF THIS SECTION).
   (B) NO HEALTH CARE PROFESSIONAL SHALL KNOWINGLY, RECKLESSLY, OR NEGLI-
 GENTLY  ENGAGE,  DIRECTLY  OR  INDIRECTLY,  IN ANY ACT WHICH CONSTITUTES
 TORTURE OR IMPROPER TREATMENT OF AN INCARCERATED INDIVIDUAL,  WHICH  MAY
 INCLUDE  PARTICIPATION  IN, COMPLICITY IN, INCITEMENT TO, ASSISTANCE IN,
 PLANNING OR DESIGN OF, COVER UP OF, FAILURE TO DOCUMENT, OR  ATTEMPT  OR
 CONSPIRACY  TO  COMMIT  SUCH  TORTURE OR IMPROPER TREATMENT.  PROHIBITED
 FORMS OF ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
   (I) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY PROVIDING  MEANS,  KNOWLEDGE
 OR  SKILLS, INCLUDING CLINICAL FINDINGS OR TREATMENT, WITH THE INTENT TO
 FACILITATE THE PRACTICE OF TORTURE OR IMPROPER TREATMENT;
   (II) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY PERMITTING THEIR KNOWLEDGE,
 SKILLS OR CLINICAL FINDINGS OR TREATMENT TO BE USED IN THE PROCESS OF OR
 TO FACILITATE TORTURE OR IMPROPER TREATMENT;
   (III) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY EXAMINING, EVALUATING,  OR
 TREATING  AN  INCARCERATED  INDIVIDUAL  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 KNOWINGLY, RECKLESSLY, OR NEGLI-
 GENTLY APPLY THEIR KNOWLEDGE  OR  SKILLS  OR  PERFORM  ANY  PROFESSIONAL
 SERVICE  IN ORDER TO ASSIST IN THE PUNISHMENT, DETENTION, INCARCERATION,
 INTIMIDATION, OR  COERCION  OF  AN  INCARCERATED  INDIVIDUAL  WHEN  SUCH
 ASSISTANCE  IS  PROVIDED IN A MANNER THAT MAY ADVERSELY AFFECT THE PHYS-
 ICAL OR MENTAL  HEALTH  OR  CONDITION  OF  THE  INCARCERATED  INDIVIDUAL
 (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 INDIVIDUAL, INCLUDING BEING PRESENT IN THE INTERRO-
 GATION 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 BEING PRESENT
 FOR THE INTERROGATION OF A MINOR UNDER PARAGRAPH (A) OF SUBDIVISION FIVE
 OF THIS SECTION OR ENGAGING IN CONDUCT UNDER PARAGRAPH (D)  OF  SUBDIVI-
 SION 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 INDIVIDUAL 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,
 INCLUDING PRESENCE DURING THE INTERROGATION OF A MINOR AT THE REQUEST OF
 S. 3228--A                          5
 
 THE MINOR OR THE MINOR'S PARENT OR  GUARDIAN  AND  FOR  THE  PURPOSE  OF
 SUPPORTING THE HEALTH OF THE MINOR;
   (B)  PARTICIPATING IN AN ACT THAT RESTRAINS AN INCARCERATED INDIVIDUAL
 OR TEMPORARILY ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF AN INCARCERATED
 INDIVIDUAL, WHERE THE ACT  COMPLIES  WITH  GENERALLY  APPLICABLE  LEGAL,
 HEALTH  AND  PROFESSIONAL  STANDARDS, IS NECESSARY FOR THE PROTECTION OF
 THE PHYSICAL OR MENTAL HEALTH, CONDITION OR SAFETY OF  THE  INCARCERATED
 INDIVIDUAL,  OTHER  INCARCERATED  INDIVIDUALS,  OR  PERSONS  CARING FOR,
 GUARDING OR CONFINING THE INCARCERATED INDIVIDUAL;
   (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 SUCH PROFESSIONAL,
 THE INCARCERATED INDIVIDUAL, 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  INDIVIDUAL  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  INDIVIDUAL  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.
 S. 3228--A                          6
 
   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.
   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 INDIVIDUALS 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  INDIVIDUALS  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 INDIVIDUALS 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] THEIR 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
 activity,  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; OR (F)  SUCH  ACTIV-
 S. 3228--A                          7
 
 ITY,  POLICY,  OR PRACTICE CONSTITUTES A VIOLATION UNDER SECTION TWENTY-
 FIVE OF THE PUBLIC HEALTH LAW  (PARTICIPATION  IN  TORTURE  OR  IMPROPER
 TREATMENT OF INCARCERATED INDIVIDUALS 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:
   (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 INDIVIDUALS 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; OR TO ANY REPORT OF A VIOLATION UNDER SECTION TWENTY-FIVE OF THE
 PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE  OR  IMPROPER  TREATMENT  OF
 INCARCERATED INDIVIDUALS 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.