NY State Senate Bill 2023-S3449

Senate Bill S3449

Signed By Governor

2023-2024 Legislative Session

Grants immunity from liability to organizations which establish physician committees the purpose of which is to refer to treatment physicians who are thought to be suffering from addiction or mental illness

download bill text pdf

Current Bill Status Via A6017 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2023	signed chap.567
Oct 13, 2023	delivered to governor
May 31, 2023	returned to assembly passed senate 3rd reading cal.849 substituted for s3449
May 31, 2023	substituted by a6017
May 15, 2023	advanced to third reading
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.849
Jan 31, 2023	referred to health

Votes

- May 31, 2023 - Floor Vote
  A6017
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2023
      
      aye (58)
      
      Addabbo Jr.
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      excused (5)
      
      Ashby
      
      Cooney
      
      Felder
      
      Martins
      
      Weik
  May 9, 2023 - Health Committee Vote
  S3449
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 9, 2023
      
      aye (13)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Webb
      
      aye wr (2)
      
      Hoylman-Sigal
      
      Thomas

2023-S3449 (ACTIVE) - Details

See Assembly Version of this Bill:: A6017
Law Section:: Public Health Law
Laws Affected:: Amd §230, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3461, A7267
2017-2018: S2245, A2703
2019-2020: S1796, A2995
2021-2022: S1606, A865

2023-S3449 (ACTIVE) - Summary

Grants immunity from liability to organizations which establish physician committees the purpose of which is to confront and refer to treatment physicians who are thought to be suffering from addiction or mental illness.

2023-S3449 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3449

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to granting immunity
from liability to organizations which establish physician committees

 
PURPOSE:

Grants immunity from liability to organizations which establish physi-
cian committees, the purpose of which being to refer to treatment physi-
cians who are thought to be suffering from addiction or mental illness.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (g) of subdivision 11 of section 230 of the
Public Health Law, pertaining to the State board for professional
medical conduct. This section establishes proceedings to authorize the
Medical Society of the State of New York's Committee for Physicians'
Health program and adds additional statutory language to clarify that
the liability protections offered in the statute for physician partic-

ipants in the program extend to the organizations themselves as well as
their employees acting without malice and within the scope of its func-
tions for the committee.

Section two of the bill provides an effective date.

 
JUSTIFICATION:

For over 30 years, the Medical Society of the State of New York's
Committee for Physicians' Health has successfully provided needed treat-
ment and counseling to numerous New York State physicians who were
thought to be suffering from alcoholism, substance abuse, or mental
illness. The New York State Legislature has re-authorized the program
numerous times, including most recently enacting a five-year extension
in 2018.

Importantly, this statute exempts members of a physician committee of
the Medical Society of the State of New York (MSSNY), the New York State
Osteopathic Society, or a county medical society, including MSSNY's
Committee for Physicians' Health, from medical misconduct reporting
requirements based on information received solely from their partic-
ipation on this committee. The statute also expressly provides liability
protections for those physicians who serve on these committees for
actions taken within the scope of their functions for the committee.

However, a recent lower court decision has interpreted these liability
protections as not applying to the entity creating this physician
committee even though the statute expressly provides liability
protection for the physician members serving on this committee. There
would appear to be no good public policy objective for this result
except for the possibility that the law may have unintentionally been
written in such a way that may have permitted this interpretation.  This
legislation would correct this technical defect.

Furthermore, there are serious concerns that, without clarifying the
scope of the liability protections offered in this legislation, the
program run by MSSNY and other similar programs in New York State will
be unable to continue to function. Enactment of this legislation will
continue to allow impaired physicians who have not harmed patients to be
able to obtain referrals for treatment and will allow for intervention
in order to help troubled physicians.

 
LEGISLATIVE HISTORY:

2015-2016: S.3461A Hannon

2017-2018: S.2245 Hannon

2019-2020: S.1796A/A.2995A Gottfried

2021-2022: S.1606/A.865 Gotfried

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately provided that these provisions shall expire and be deemed
repealed with the sections they are amending.

2023-S3449 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3449
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to granting  immunity
   from liability to organizations which establish physician committees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (g) of subdivision  11  of  section  230  of  the
 public health law, as added by chapter 426 of the laws of 1983, subpara-
 graphs  (ii)  and  (iii)  as amended by chapter 606 of the laws of 1991,
 subparagraphs (v) and (vi) as added by chapter 582 of the laws of  1984,
 is amended to read as follows:
   (g) (I) Any physician committee of the Medical Society of the State of
 New  York,  the  New  York State Osteopathic Society or a county medical
 society referred to in subparagraph (ii) of paragraph (c) of this subdi-
 vision shall develop procedures in consultation with, and  approved  by,
 the commissioner [of the department of health], including but not limit-
 ed to the following:
   [(i)]  (A)  The  committee  shall  disclose at least once a month such
 information as the  director  of  the  office  of  professional  medical
 conduct  may  deem  appropriate  regarding reports received, contacts or
 investigations made and the disposition of each report, provided however
 that the committee shall not disclose any personally identifiable infor-
 mation except as provided in [subparagraph (ii)] CLAUSE (B) or [subpara-
 graph (iii)] (C) of this [paragraph] SUBPARAGRAPH.
   [(ii)] (B) The committee shall immediately report to the director  the
 name,  all information obtained and the results of any contact or inves-
 tigation regarding any physician who  is  believed  to  be  an  imminent
 danger to the public.
   [(iii)]  (C)  The  committee  shall report to the director in a timely
 fashion all information obtained regarding any physician who refuses  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06140-01-3
 S. 3449                             2

 
 cooperate  with  the committee, refuses to submit to treatment, or whose
 impairment is not substantially alleviated through treatment.
   [(iv)]  (D)  The  committee shall inform each physician who is partic-
 ipating in a program of the procedures followed in the program,  of  the
 rights  and  responsibilities of the physician in the program and of the
 possible results of noncompliance with the program.
   [(v)] (II) No member of any such committee; NOR THE MEDICAL SOCIETY OF
 THE STATE OF NEW YORK, THE NEW YORK STATE OSTEOPATHIC SOCIETY OR A COUN-
 TY MEDICAL SOCIETY REFERRED TO IN SUBPARAGRAPH (II) OF PARAGRAPH (C)  OF
 THIS  SUBDIVISION  THAT ESTABLISHES A COMMITTEE; NOR ANY AGENT, SERVANT,
 REPRESENTATIVE OR EMPLOYEE THAT PROVIDES SERVICE TO ANY  SUCH  COMMITTEE
 OR  SOCIETY,  shall  be  liable for damages to any person for any action
 taken by such COMMITTEE, SOCIETY, member, AGENT, SERVANT, REPRESENTATIVE
 OR EMPLOYEE provided that such action was taken without malice and with-
 in the scope of such [member's] INDIVIDUAL'S OR ENTITY'S function [as  a
 member of] IN RELATION TO such committee.
   [(vi)]  (III)  The  committee, in conjunction with the director of the
 office  of  professional  medical  conduct,  shall  develop  appropriate
 consent  forms  and disclosure proceedings as may be necessary under any
 federal statute, rule or regulation in order to permit the disclosure of
 the information as may be required under  [subparagraphs  (ii)]  CLAUSES
 (B) and [(iii)] (C) OF SUBPARAGRAPH (I) of this paragraph.
   (IV) Except as [herein] provided IN THIS PARAGRAPH and notwithstanding
 any  other  provision of law, neither the proceedings nor the records of
 any such physician committee shall be subject to disclosure under  arti-
 cle  thirty-one of the civil practice law and rules nor shall any member
 of any such committee nor any person in attendance at any  such  meeting
 be required to testify as to what transpired thereat.
   § 2. This act shall take effect immediately; provided, that the amend-
 ments  to  paragraph  (g) of subdivision 11 of section 230 of the public
 health law, made by section one of this act, shall not affect the repeal
 of such paragraph, and shall be deemed repealed therewith; and provided,
 further, that the amendments to subparagraphs (v) and (vi) of  paragraph
 (g)  of  subdivision 11 of section 230 of the public health law, made by
 section one of this act, shall not affect the repeal  of  such  subpara-
 graphs, and shall be deemed repealed therewith.

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