S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1476
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BRISPORT,  BROUK,  FERNANDEZ, GONZALEZ,
   HINCHEY, HOYLMAN-SIGAL, JACKSON, MAYER, SALAZAR, WEBB  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on Higher Education
 
 AN  ACT to amend the public health law, in relation to requiring certain
   health care providers to disclose the fact that  the  provider  is  on
   probation to current and new patients
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 18 of section 230 of the public health  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C) (I) AS USED IN THIS PARAGRAPH:
   (A) "LICENSEE" MEANS A PHYSICIAN, PHYSICIAN'S ASSISTANT, OR A SPECIAL-
 IST'S  ASSISTANT  LICENSED  UNDER  TITLE  EIGHT OF THE EDUCATION LAW WHO
 PROVIDES DIRECT PATIENT CARE;
   (B) "HEALTH CARE REPRESENTATIVE" MEANS A HEALTH CARE AGENT  DESIGNATED
 BY  AN ADULT PURSUANT TO ARTICLE TWENTY-NINE-C OF THIS CHAPTER, A HEALTH
 CARE SURROGATE SELECTED TO MAKE A HEALTH CARE DECISION ON  BEHALF  OF  A
 PATIENT  PURSUANT  TO  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-D OF THIS
 CHAPTER, A GUARDIAN AUTHORIZED TO DECIDE ABOUT HEALTH CARE  PURSUANT  TO
 ARTICLE  EIGHTY-ONE  OF  THE MENTAL HYGIENE LAW, OR A GUARDIAN APPOINTED
 PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-B OF THE  SURROGATE'S  COURT
 PROCEDURE ACT; AND
   (C)  "HEALTH CARE" MEANS ANY TREATMENT, SERVICE, OR PROCEDURE TO DIAG-
 NOSE OR TREAT AN INDIVIDUAL'S PHYSICAL OR MENTAL CONDITION.
   (II) EXCEPT AS PROVIDED BY SUBPARAGRAPH (V)  OF  THIS  PARAGRAPH,  THE
 OFFICE OF PROFESSIONAL MISCONDUCT SHALL REQUIRE A PHYSICIAN, PHYSICIAN'S
 ASSISTANT OR SPECIALIST'S ASSISTANT WHO HAS BEEN FOUND TO HAVE COMMITTED
 MISCONDUCT  BY  THE OFFICE OF PROFESSIONAL MISCONDUCT OR FOUND GUILTY OR
 LIABLE OF AN OFFENSE IN A COURT OF LAW PURSUANT TO SUBPARAGRAPH (III) OF
 THIS PARAGRAPH TO DISCLOSE THE FOLLOWING TO CURRENT OR NEW  PATIENTS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03774-01-5
              

 S. 1476                             2
 
 THE PATIENT'S HEALTH CARE REPRESENTATIVE ON A SEPARATE WRITTEN DOCUMENT:
 THEIR  STATUS WITH THE OFFICE OF PROFESSIONAL MISCONDUCT OR FROM A COURT
 OF LAW; THE LENGTH AND EXPIRATION DATE OF ANY PENALTIES ASSOCIATED  WITH
 SUCH  FINDING OF MISCONDUCT; THE CAUSE OR CAUSES FOR DISCIPLINARY ACTION
 STATED IN THE ORDER ISSUED BY THE OFFICE OF PROFESSIONAL MISCONDUCT OR A
 COURT OF LAW; ALL PRACTICE RESTRICTIONS PLACED ON THE  LICENSEE  BY  THE
 OFFICE  OF PROFESSIONAL MISCONDUCT OR A COURT OF LAW; THE ADDRESS OF THE
 OFFICE OF PROFESSIONAL MISCONDUCT'S WEBSITE; AND THE OFFICE  OF  PROFES-
 SIONAL  MISCONDUCT'S  TELEPHONE  NUMBER.   THIS NOTICE SHALL BE PROVIDED
 PRIOR TO THE PATIENT'S FIRST VISIT, OR PRIOR TO  THE  PATIENT  RECEIVING
 HEALTH  CARE  FROM THE PHYSICIAN, PHYSICIAN'S ASSISTANT AND SPECIALIST'S
 ASSISTANT FOLLOWING THE FINDING OF MISCONDUCT BY THE OFFICE  OF  PROFES-
 SIONAL  MISCONDUCT  OR  OF  GUILT  OR  LIABILITY BY A COURT OF LAW OF AN
 OFFENSE IN ANY OF THE CIRCUMSTANCES LISTED IN CLAUSE (A),  (B),  (C)  OR
 (D)  OF  SUBPARAGRAPH  (III)  OF  THIS PARAGRAPH. A LICENSEE REQUIRED TO
 PROVIDE A DISCLOSURE PURSUANT TO THIS PARAGRAPH SHALL  OBTAIN  FROM  THE
 PATIENT, OR THEIR HEALTH CARE REPRESENTATIVE, A SEPARATE, SIGNED COPY OF
 THAT  DISCLOSURE PRIOR TO THE PATIENT ENTERING THE ROOM WHERE THE LICEN-
 SEE PERFORMS THE TREATMENT, SERVICE, PROCEDURE OR  OTHER  DIRECT  HEALTH
 CARE;  OR  IN  A  HOSPITAL, AMBULATORY CARE CENTER, OR OTHER HEALTH CARE
 FACILITY PRIOR TO THE LICENSEE PERFORMING ANY TREATMENT, SERVICE, PROCE-
 DURE OR OTHER DIRECT HEALTH CARE.
   (III) THE PHYSICIAN, PHYSICIAN'S ASSISTANT OR  SPECIALIST'S  ASSISTANT
 SHALL PROVIDE THE DISCLOSURE UNDER THE FOLLOWING CIRCUMSTANCES:
   (A) THE PHYSICIAN, PHYSICIAN'S ASSISTANT OR SPECIALIST'S ASSISTANT HAS
 BEEN  FOUND  TO  HAVE COMMITTED MISCONDUCT BY THE OFFICE OF PROFESSIONAL
 MISCONDUCT OR FOUND LIABLE OR GUILTY BY A COURT OF LAW AFTER A  DETERMI-
 NATION OR STIPULATED SETTLEMENT IN OF ANY OF THE FOLLOWING OFFENSES:
   (1)  THE  COMMISSION OF ANY ACT OF SEXUAL ABUSE, MISCONDUCT, EXPLOITA-
 TION, OR RELATIONS WITH A PATIENT OR CLIENT AS DEFINED  IN  ARTICLE  ONE
 HUNDRED  THIRTY,  ARTICLE  TWO  HUNDRED  THIRTY,  OR ARTICLE TWO HUNDRED
 SIXTY-THREE OF THE PENAL LAW;
   (2) DRUG OR ALCOHOL ABUSE DIRECTLY RESULTING IN HARM  TO  PATIENTS  OR
 THE  EXTENT THAT SUCH USE IMPAIRS THE ABILITY OF THE INDIVIDUAL TO PRAC-
 TICE SAFELY;
   (3) CRIMINAL CONVICTION DIRECTLY INVOLVING HARM TO PATIENT HEALTH; OR
   (4) INAPPROPRIATE PRESCRIBING RESULTING IN  HARM  TO  PATIENTS  AND  A
 PROBATIONARY PERIOD OF FIVE YEARS OR MORE.
   (B)  THE  OFFICE  OF PROFESSIONAL MISCONDUCT OR A COURT OF LAW ORDERED
 ANY OF THE FOLLOWING REGARDLESS IF THE INDIVIDUAL  HAS  BEEN  PLACED  ON
 PROBATION:
   (1) A THIRD-PARTY CHAPERONE SHALL BE PRESENT WHEN THE INDIVIDUAL EXAM-
 INES PATIENTS AS A RESULT OF SEXUAL MISCONDUCT; OR
   (2)  THE  INDIVIDUAL  SHALL  SUBMIT  TO  DRUG  TESTING  AS A RESULT OF
 SUBSTANCE ABUSE.
   (C) THE INDIVIDUAL HAS NOT SUCCESSFULLY COMPLETED A  TRAINING  PROGRAM
 OR  ANY  ASSOCIATED  EXAMINATIONS REQUIRED BY THE OFFICE OF PROFESSIONAL
 MISCONDUCT OR A COURT OF LAW AS A CONDITION OF PROBATION.
   (D) THE INDIVIDUAL HAS BEEN ON PROBATION FOR  ANY  OFFENSE  MORE  THAN
 THREE TIMES.
   (IV)  THE  INDIVIDUAL  SHALL OBTAIN FROM EACH PATIENT, OR THEIR HEALTH
 CARE REPRESENTATIVE, A SIGNED  COPY  OF  THE  DISCLOSURE  FOLLOWING  THE
 DISCLOSURE  DESCRIBED  IN  SUBPARAGRAPH  (III)  OF  THIS  PARAGRAPH THAT
 INCLUDES A WRITTEN EXPLANATION OF  HOW  THE  PATIENT  CAN  FIND  FURTHER
 INFORMATION  ON  THE  LICENSEE'S  ACTIONS  ON THE OFFICE OF PROFESSIONAL
 MISCONDUCT ENFORCEMENT ACTIONS' WEBSITE.
 S. 1476                             3
 
   (V) THE INDIVIDUAL SHALL NOT BE REQUIRED  TO  PROVIDE  THE  DISCLOSURE
 PRIOR  TO  PERFORMING ANY TREATMENT, SERVICE, PROCEDURE, OR OTHER DIRECT
 HEALTH CARE AS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, IF IN  THE
 HEALTH  CARE PROFESSIONAL'S JUDGMENT, AN EMERGENCY EXISTS AND THE PERSON
 IS  IN  IMMEDIATE  NEED  OF  MEDICAL ATTENTION, AND AN ATTEMPT TO SECURE
 CONSENT WOULD RESULT IN DELAY OF TREATMENT WHICH WOULD INCREASE THE RISK
 TO SUCH PERSON'S LIFE OR HEALTH, OR IF THE PATIENT IS INCAPACITATED  AND
 THE PATIENT'S HEALTH CARE REPRESENTATIVE IS NOT REASONABLY AVAILABLE.
   (VI)  SHOULD  A PATIENT, OR THEIR HEALTH CARE REPRESENTATIVE, ELECT TO
 CANCEL THE PATIENT'S  APPOINTMENT,  TREATMENT,  SERVICE,  PROCEDURE,  OR
 OTHER  DIRECT  HEALTH  CARE WITH THE INDIVIDUAL UPON BEING PROVIDED WITH
 THE DISCLOSURE REQUIRED BY SUBPARAGRAPH (III) OF THIS PARAGRAPH, NEITHER
 THE PATIENT NOR THE PATIENT'S INSURANCE COMPANY SHALL BE CHARGED FOR THE
 APPOINTMENT.
   (VII) ANY PHYSICIAN, PHYSICIAN'S ASSISTANT OR  SPECIALIST'S  ASSISTANT
 WHO  VIOLATES  THE  PROVISIONS  OF  THIS PARAGRAPH SHALL BE SUBJECT TO A
 PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS. ANY INDIVIDUAL  WHO  COMMITS
 SUBSEQUENT, WILLFUL VIOLATIONS OF THE PROVISIONS OF THIS PARAGRAPH SHALL
 HAVE  THEIR  LICENSE  SUSPENDED FOR A PERIOD OF TIME TO BE DETERMINED BY
 THE OFFICE OF PROFESSIONAL MISCONDUCT.
   (VIII) THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO IMPLEMENT  THE
 REQUIREMENTS  OF  THIS  PARAGRAPH,  AND SHALL ISSUE FORMS SET FORTH THAT
 SHALL BE USED TO SATISFY THE WRITTEN REQUIREMENT SPECIFIED IN THIS PARA-
 GRAPH WHICH SHALL ALSO INCLUDE:
   (A) PROVISIONS THAT ADDRESS A HEALTH CARE FACILITY'S RESPONSIBILITY TO
 ENSURE THE PATIENT RECEIVES CARE FROM AN APPROPRIATE  INDIVIDUAL  OR  TO
 TRANSFER  THE  PATIENT  IF  THE PATIENT REFUSES CARE FROM THE INDIVIDUAL
 THAT HAS BEEN FOUND TO HAVE COMMITTED MISCONDUCT OR HAS BEEN FOUND TO BE
 LIABLE OR GUILTY OF AN OFFENSE BY A COURT OF LAW  PURSUANT  TO  SUBPARA-
 GRAPH (III) OF THIS PARAGRAPH AND ANOTHER INDIVIDUAL IS NOT AVAILABLE AT
 THE HEALTH CARE FACILITY TO PROVIDE CARE; AND
   (B)  PROVISIONS RELATED TO ENFORCING OF THE REQUIREMENTS OF THIS PARA-
 GRAPH.
   § 2. This act shall take effect January 1, 2026 and shall apply to all
 probationary orders issued on or after such  effective  date.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.