NY State Senate Bill 2023-S4050

Archive: Last Bill Status - In Senate Committee Higher Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Feb 02, 2023	referred to higher education

2023-S4050 (ACTIVE) - Details

See Assembly Version of this Bill:: A4516
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§6533 & 6511-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6621, A8940
2021-2022: S408, A5122

2023-S4050 (ACTIVE) - Summary

Establishes the "New York patients' right to know act"; requires physicians and certain licensed professionals to disclose findings of certain misconduct to patients.

2023-S4050 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4050

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the education law, in relation to establishing the "New
York patients' right to know act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that New York patients' have the right to know the necessary
information and professional conduct history of the doctors that are
providing them with care.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the title of the act as "New York patients' right
to know act."

Section 2 amends education law by adding section 6533 which allows
patients to know if a physician is found guilty of professional miscon-
duct.

Section 3 amends education law by adding section 6511-a. stating that a
person found guilty of professional misconduct shall provide disclosure
of the implications to all patients.

Section 4 provides an effective date.

 
JUSTIFICATION:

The relationship between a physician and patient is one formed and
sustained by mutual trust. Yet. there is no uniform standard allowing
patients to be informed of a physician's professional misconduct while
practicing medicine.

The motivating force behind this bill is to facilitate a greater sense
of transparency within the medical field to promote a safer healthcare
industry for patients being served in New York State. When it comes to
their safety and wellbeing, a patient deserves to be afforded the oppor-
tunity to learn of any potential behavior that could negatively impact
their state of being.

A USA TODAY investigation found hundreds of instances of doctors across
the United States accused of professional misconduct who had then gone
on to forfeit their medical licenses in one state in order to keep prac-
ticing in another state to avoid any blight on their professional
record.

With a law like the one proposed in place, patients will be equipped
with the agency and knowledge to make well-informed decisions before
choosing and/or continuing to receive care from the physicians they rely
on and entrust with their care.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S408 / A5122

2020: S6621 /A8940
 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2023-S4050 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4050
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN  ACT to amend the education law, in relation to establishing the "New
   York patients' right to know act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York patients' right to know act".
   § 2. The education law is amended by adding a new section 6533 to read
 as follows:
   § 6533. PATIENTS' RIGHT TO KNOW. 1. A PHYSICIAN FOUND  GUILTY  OF  ANY
 CATEGORY  OF  PROFESSIONAL MISCONDUCT AS SPECIFIED IN SUBDIVISION TWO OF
 THIS SECTION, UNDER THE PROCEDURES PRESCRIBED  IN  SECTION  TWO  HUNDRED
 THIRTY OF THE PUBLIC HEALTH LAW, SHALL PROVIDE TO ALL PATIENTS A DISCLO-
 SURE WHICH INCLUDES:
   (A)  THE PENALTIES IMPOSED UPON SUCH PHYSICIAN PURSUANT TO SECTION TWO
 HUNDRED THIRTY-A OF THE PUBLIC HEALTH  LAW,  AS  ADDED  BY  CHAPTER  SIX
 HUNDRED SIX OF THE LAWS OF NINETEEN NINETY-ONE, AND THE DURATION OF SUCH
 PENALTIES;
   (B)  THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT'S CONTACT INFORMATION;
 AND
   (C) AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION  ABOUT
 SUCH  PHYSICIAN'S  HISTORY  OF  MISCONDUCT ON THE OFFICE OF PROFESSIONAL
 MEDICAL CONDUCT'S INTERNET WEBSITE.
   2. A PHYSICIAN FOUND GUILTY OF PROFESSIONAL MISCONDUCT  UNDER  ANY  OF
 THE  FOLLOWING SUBDIVISIONS OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
 ARTICLE SHALL PROVIDE TO ALL PATIENTS THE DISCLOSURE REQUIRED BY  SUBDI-
 VISION ONE OF THIS SECTION:
   (A) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (A) OF SUBDIVISION NINE OF
 SECTION  SIX  THOUSAND  FIVE  HUNDRED THIRTY OF THIS ARTICLE INVOLVING A
 CRIMINAL CONVICTION WHERE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07971-01-3

 S. 4050                             2
 
   (I) SUCH CRIMINAL CONVICTION WAS FOR ANY SEX OFFENSE UNDER ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW, AND WHERE SUCH SEX OFFENSE WAS  COMMIT-
 TED AGAINST A PATIENT OF SUCH PHYSICIAN; OR
   (II)  SUCH CRIMINAL CONVICTION WAS FOR ANY OTHER ACT RESULTING IN HARM
 TO A PATIENT;
   (B) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (E) OF SUBDIVISION NINE OF
 SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF  THIS  ARTICLE,  WHERE  SUCH
 PHYSICIAN  WAS  FOUND  TO BE IN VIOLATION OF ARTICLE THIRTY-THREE OF THE
 PUBLIC HEALTH LAW; OR
   (C) PROFESSIONAL  MISCONDUCT  UNDER  SUBDIVISION  SEVEN  OR  EIGHT  OF
 SECTION  SIX  THOUSAND  FIVE  HUNDRED  THIRTY  OF THIS ARTICLE INVOLVING
 IMPAIRMENT OR ABUSE OF ALCOHOL OR NARCOTICS.
   3. A PHYSICIAN REQUIRED TO  PROVIDE  A  DISCLOSURE  PURSUANT  TO  THIS
 SECTION  SHALL  OBTAIN  FROM ALL PATIENTS, OR SUCH PATIENTS' GUARDIAN OR
 HEALTH CARE SURROGATE, A SEPARATE, SIGNED COPY OF SUCH DISCLOSURE.
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO  THE  CONTRARY,  A
 PHYSICIAN  SHALL  NOT  BE  REQUIRED  TO  PROVIDE A DISCLOSURE UNDER THIS
 SECTION IF ANY OF THE FOLLOWING APPLIES:
   (A) THE PATIENT IS UNCONSCIOUS OR OTHERWISE UNABLE TO  COMPREHEND  THE
 DISCLOSURE  AND SIGN THE COPY OF SUCH DISCLOSURE PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION, AND  A  GUARDIAN  OR  HEALTH  CARE  SURROGATE  IS
 UNAVAILABLE TO COMPREHEND SUCH DISCLOSURE AND SIGN A COPY;
   (B)  THE  VISIT OCCURS IN AN EMERGENCY ROOM OR AN URGENT CARE FACILITY
 OR SUCH VISIT IS UNSCHEDULED, INCLUDING CONSULTATIONS GIVEN AS A PART OF
 INPATIENT HEALTH CARE SERVICES, AS  DEFINED  BY  SUBDIVISION  ELEVEN  OF
 SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW;
   (C) SUCH PHYSICIAN IS NOT KNOWN TO THE PATIENT UNTIL IMMEDIATELY PRIOR
 TO THE START OF THE VISIT; OR
   (D)  SUCH PHYSICIAN DOES NOT HAVE A DIRECT TREATMENT RELATIONSHIP WITH
 THE PATIENT.
   5. THE BOARD OF THE  OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT  SHALL
 CREATE  THE  DISCLOSURE  FORM  REQUIRED  UNDER  THIS  SECTION, AND SHALL
 PROVIDE SUCH DISCLOSURE FORM ON ITS WEBSITE TO BE ACCESSIBLE  BY  PHYSI-
 CIANS.
   6.  THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL MAKE ALL INFORMA-
 TION REQUIRED TO BE INCLUDED ON DISCLOSURES  UNDER  THIS  SECTION  ADDI-
 TIONALLY AVAILABLE ON ITS WEBSITE.
   §  3.  The  education law is amended by adding a new section 6511-a to
 read as follows:
   § 6511-A. PATIENTS' RIGHT  TO  KNOW.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "LICENSEE"  MEANS AND SHALL BE LIMITED TO INDIVIDUALS LICENSED OR
 AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER ARTICLE ONE HUNDRED THIRTY-TWO
 OF THIS TITLE, INDIVIDUALS LICENSED OR AUTHORIZED TO  PRACTICE  PODIATRY
 UNDER  ARTICLE  ONE  HUNDRED  FORTY-ONE  OF  THIS TITLE, AND INDIVIDUALS
 LICENSED OR AUTHORIZED TO PRACTICE ACUPUNCTURE UNDER ARTICLE ONE HUNDRED
 SIXTY OF THIS TITLE.
   (B) "THE BOARD" SHALL MEAN THE BOARD OF REGENTS.
   2. A LICENSEE FOUND GUILTY OF ANY CATEGORY OF PROFESSIONAL  MISCONDUCT
 AS  SPECIFIED IN SUBDIVISION THREE OF THIS SECTION, UNDER THE PROCEDURES
 PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THIS  SUBARTICLE,  SHALL
 PROVIDE TO ALL CLIENTS A DISCLOSURE WHICH INCLUDES:
   (A)  THE  PENALTIES  IMPOSED  UPON  SUCH  LICENSEE PURSUANT TO SECTION
 SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBARTICLE, AND THE DURATION  OF  SUCH
 PENALTIES;
   (B) THE BOARD'S CONTACT INFORMATION; AND
 S. 4050                             3
 
   (C)  AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION ABOUT
 SUCH LICENSEE'S HISTORY OF MISCONDUCT ON THE BOARD'S INTERNET WEBSITE.
   3. A LICENSEE FOUND GUILTY OF PROFESSIONAL MISCONDUCT UNDER ANY OF THE
 FOLLOWING SUBDIVISIONS OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBAR-
 TICLE  SHALL PROVIDE TO ALL PATIENTS THE DISCLOSURE REQUIRED BY SUBDIVI-
 SION TWO OF THIS SECTION:
   (A) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (A) OF SUBDIVISION FIVE OF
 SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THIS TITLE INVOLVING A CRIM-
 INAL CONVICTION WHERE:
   (I) SUCH CRIMINAL CONVICTION WAS FOR ANY SEX OFFENSE UNDER ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW, AND WHERE SUCH SEX OFFENSE WAS  COMMIT-
 TED AGAINST A PATIENT OF SUCH LICENSEE; OR
   (II)  SUCH CRIMINAL CONVICTION WAS FOR ANY OTHER ACT RESULTING IN HARM
 TO A PATIENT;
   (B) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (C) OF SUBDIVISION FIVE OF
 SECTION SIX THOUSAND FIVE HUNDRED  THIRTY  OF  THIS  TITLE,  WHERE  SUCH
 LICENSEE  WAS  FOUND  TO  BE IN VIOLATION OF ARTICLE THIRTY-THREE OF THE
 PUBLIC HEALTH LAW; OR
   (C) PROFESSIONAL MISCONDUCT UNDER SUBDIVISION THREE OR FOUR  INVOLVING
 IMPAIRMENT OR ABUSE OF ALCOHOL OR NARCOTICS.
   4.  A  LICENSEE  REQUIRED  TO  PROVIDE  A  DISCLOSURE PURSUANT TO THIS
 SECTION SHALL OBTAIN FROM ALL PATIENTS, OR SUCH  PATIENTS'  GUARDIAN  OR
 HEALTH CARE SURROGATE, A SEPARATE, SIGNED COPY OF SUCH DISCLOSURE.
   5.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION TO THE CONTRARY A
 LICENSEE SHALL NOT BE  REQUIRED  TO  PROVIDE  A  DISCLOSURE  UNDER  THIS
 SECTION IF ANY OF THE FOLLOWING APPLIES:
   (A)  THE  PATIENT IS UNCONSCIOUS OR OTHERWISE UNABLE TO COMPREHEND THE
 DISCLOSURE AND SIGN THE COPY OF SUCH DISCLOSURE PURSUANT TO  SUBDIVISION
 FOUR  OF  THIS  SECTION,  AND  A  GUARDIAN  OR  HEALTH CARE SURROGATE IS
 UNAVAILABLE TO COMPREHEND SUCH DISCLOSURE AND SIGN A COPY;
   (B) THE VISIT OCCURS IN AN EMERGENCY ROOM OR AN URGENT  CARE  FACILITY
 OR SUCH VISIT IS UNSCHEDULED, INCLUDING CONSULTATIONS GIVEN AS A PART OF
 INPATIENT  HEALTH  CARE  SERVICES,  AS  DEFINED BY SUBDIVISION ELEVEN OF
 SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW;
   (C) SUCH LICENSEE IS NOT KNOWN TO THE PATIENT UNTIL IMMEDIATELY  PRIOR
 TO THE START OF THE VISIT; OR
   (D)  SUCH  LICENSEE DOES NOT HAVE A DIRECT TREATMENT RELATIONSHIP WITH
 THE PATIENT.
   6. THE BOARD SHALL CREATE THE  DISCLOSURE  FORM  REQUIRED  UNDER  THIS
 SECTION,  AND  SHALL  PROVIDE  SUCH DISCLOSURE FORM ON ITS WEBSITE TO BE
 ACCESSIBLE BY LICENSEES.
   7. THE BOARD SHALL MAKE ALL INFORMATION REQUIRED  TO  BE  INCLUDED  ON
 DISCLOSURES UNDER THIS SECTION ADDITIONALLY AVAILABLE ON ITS WEBSITE.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.

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Senate Bill S4050

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2023-S4050 (ACTIVE) - Details

2023-S4050 (ACTIVE) - Summary

2023-S4050 (ACTIVE) - Sponsor Memo

2023-S4050 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4050

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Sponsored By

Nathalia Fernandez

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2023-S4050 (ACTIVE) - Details

2023-S4050 (ACTIVE) - Summary

2023-S4050 (ACTIVE) - Sponsor Memo

2023-S4050 (ACTIVE) - Bill Text download pdf

Comments