S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2205
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to requiring hospitals to
   notify patients when physicians have been convicted of or  been  found
   civilly liable for a sexual offense

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6511-a
 to read as follows:
   § 6511-A. DISCLOSURE OF SEXUAL  OFFENSE  CONVICTIONS.  1.    UPON  THE
 CONVICTION  OF  ANY PHYSICIAN FOR A SEXUAL OFFENSE AS DEFINED IN ARTICLE
 ONE HUNDRED THIRTY OF THE PENAL LAW, OR UPON A FINDING OF CIVIL  LIABIL-
 ITY  INVOLVING  THE  COMMISSION OF A SEXUAL OFFENSE, COMMITTED AGAINST A
 PATIENT OF SUCH PHYSICIAN, THE PHYSICIAN SHALL PROVIDE TO  THE  COURT  A
 LIST OF ALL MEDICAL PRACTICES, OFFICES, HOSPITALS AND HEALTH CARE FACIL-
 ITIES  WITH  WHICH  SUCH PHYSICIAN HAS PRACTICED OR BEEN AFFILIATED. THE
 COURT SHALL SEND NOTIFICATION TO ALL SUCH  MEDICAL  PRACTICES,  OFFICES,
 HOSPITALS  AND  OTHER HEALTH CARE FACILITIES THAT THE PHYSICIAN HAS BEEN
 CONVICTED OF A SEXUAL OFFENSE OR BEEN HELD CIVILLY LIABLE FOR  A  SEXUAL
 OFFENSE  AGAINST  A  PATIENT AND THAT SUCH OFFICE, PRACTICE, HOSPITAL OR
 HEALTH CARE FACILITY IS REQUIRED TO PROVIDE  ALL  CURRENT  AND  PREVIOUS
 PATIENTS OF SUCH PHYSICIAN A DISCLOSURE WHICH INCLUDES:
   (A)  THE  NAME,  ADDRESS,  AND  LICENSE OR REGISTRATION NUMBER OF SUCH
 PHYSICIAN;
   (B) ANY CRIMINAL CONVICTION OF SUCH PHYSICIAN FOR A SEXUAL OFFENSE  AS
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (C)  THE  FINDINGS IN ANY CIVIL PROCEEDING BROUGHT AGAINST SUCH PHYSI-
 CIAN WHICH RESULTED IN LIABILITY FOR A SEXUAL OFFENSE;
   (D) THE PENALTIES IMPOSED UPON SUCH PHYSICIAN BY THE APPLICABLE  STATE
 BOARD  HAVING  JURISDICTION OVER MATTERS OF MISCONDUCT, AND THE DURATION
 OF SUCH PENALTIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05696-01-5
              

 A. 2205                             2
 
   (E) THE CONTACT INFORMATION FOR THE APPROPRIATE STATE BOARD;
   (F)  AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION ABOUT
 ANY HISTORY OF MISCONDUCT BY  SUCH  PHYSICIAN  ON  THE  WEBSITE  OF  THE
 DEPARTMENT OR APPLICABLE BOARD; AND
   (G) HOW TO REPORT INSTANCES OF MISCONDUCT BY PHYSICIANS.
   2.  DISCLOSURES MADE PURSUANT TO THIS SECTION SHALL BE IN WRITING, AND
 SHALL BE SENT TO  PATIENTS  BY  CERTIFIED  OR  REGISTERED  MAIL,  RETURN
 RECEIPT REQUESTED, TO THEIR LAST KNOWN ADDRESS AND BY ELECTRONIC MAIL IF
 AN ELECTRONIC MAIL ADDRESS IS ON FILE.
   3.  THE STATE BOARD HAVING JURISDICTION OVER THE LICENSING AND CONDUCT
 OF PHYSICIANS SHALL  CREATE  A  STANDARD  DISCLOSURE  FORM  FOR  USE  AS
 REQUIRED  UNDER THIS SECTION, AND SHALL PROVIDE SUCH DISCLOSURE FORM AND
 ANY INFORMATION REQUIRED TO BE  INCLUDED  ON  SUCH  DISCLOSURES  ON  ITS
 WEBSITE  TO  BE ACCESSIBLE BY HOSPITALS AND OTHER HEALTH CARE FACILITIES
 APPROVED PURSUANT TO THIS ARTICLE.
   4. A MEDICAL OFFICE OR PRACTICE OR A HOSPITAL OR HEALTH CARE  FACILITY
 SHALL NOTIFY THE COURT THAT THE DISCLOSURES TO PATIENTS REQUIRED BY THIS
 SECTION  HAVE  BEEN MADE. SUCH NOTICE SHALL INCLUDE HOW MANY DISCLOSURES
 WERE SENT AND THE OLDEST DATES OF MEDICAL RECORDS AVAILABLE.
   5. IN THE EVENT THE COURT IS UNABLE  TO  NOTIFY  A  MEDICAL  PRACTICE,
 OFFICE,  HOSPITAL  OR OTHER HEALTH CARE FACILITY OF THE CONVICTION OF AN
 AFFILIATED PHYSICIAN, SUCH INFORMATION SHALL BE RELAYED TO  THE  DEPART-
 MENT.  THE  DEPARTMENT,  IN  COORDINATION WITH THE DEPARTMENT OF HEALTH,
 SHALL MAKE A REASONABLE EFFORT TO LOCATE THE  MEDICAL  RECORDS  OF  SUCH
 PATIENTS AND SEND PATIENTS THE DISCLOSURE FORM REQUIRED BY THIS SECTION.
   6.  THE  PENALTY IMPOSED BY THE BOARD OF REGENTS ON MEDICAL PRACTICES,
 OFFICES, HOSPITALS AND HEALTH CARE FACILITIES FOUND GUILTY OF  VIOLATING
 SUBDIVISION  ONE  OF  THIS  SECTION  BY  NOT  FULFILLING  ITS DISCLOSURE
 REQUIREMENTS WITHIN THIRTY DAYS SHALL  BE  A  FINE  OF  TWENTY  THOUSAND
 DOLLARS FOR EACH THIRTY-DAY PERIOD UNTIL SUCH DISCLOSURES ARE MADE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.