* § 2803-e. Reporting incidents of possible professional misconduct.
1. (a) Hospitals and other facilities approved pursuant to this article
shall make a report or cause a report to be made within thirty days of
the occurrence of any of the following: the suspension, restriction,
termination or curtailment of the training, employment, association or
professional privileges or the denial of the certification of completion
of training of an individual licensed pursuant to the provisions of
title eight of the education law or of a medical resident with such
facility for reasons related in any way to alleged mental or physical
impairment, incompetence, malpractice or misconduct or impairment of
patient safety or welfare; the voluntary or involuntary resignation or
withdrawal of association or of privileges with such facility to avoid
the imposition of disciplinary measures; or the receipt of information
which indicates that any professional licensee or medical resident has
been convicted of a crime; the denial of staff privileges to a physician
if the reasons stated for such denial are related to alleged mental or
physical impairment, incompetence, malpractice, misconduct or impairment
of patient safety or welfare.

(b) Hospitals and other facilities approved pursuant to this article
shall make a report or cause a report to be made within thirty days of
obtaining knowledge of any information which reasonably appears to show
that a physician is guilty of professional misconduct as defined in
section sixty-five hundred thirty or sixty-five hundred thirty-one of
the education law. A violation of this paragraph shall not be subject to
the provisions of section twelve-b of this chapter.

2. Reports of possible professional misconduct made pursuant to this
section shall be made in writing to the education department with
respect to all individuals licensed pursuant to title eight of the
education law except that such reports shall be made to the department
of health in the case of physicians, physician's assistants and
specialist's assistants. Written reports shall include the following
information:

(a) name, address, profession and license number of the individual;

(b) a description of the action taken by the hospital including the
reason for the action and the date thereof, or the nature of the action
or conduct which led to the resignation or withdrawal, and the date
thereof, stated with sufficient specificity to allow a reasonable person
to understand which of the reasons enumerated in subdivision one of this
section led to the action of the hospital or the resignation or
withdrawal of the individual, and, if the reason was an act or omission
of the individual, the particular act or omission;

(c) any criminal conviction of which the hospital has knowledge; and

(d) such other information as the education department or the
department of health shall require.

3. (a) Any report or information furnished to the education department
or department of health in accordance with the provisions of this
section shall be deemed a confidential communication and shall not be
subject to inspection or disclosure in any manner except upon formal
written request by a duly authorized public agency or pursuant to a
judicial subpoena issued in a pending action or proceeding.

(b) Any person, facility or corporation which makes a report pursuant
to this section in good faith and without malice shall have immunity
from any liability, civil or criminal, for having made such a report.
For the purpose of any proceeding, civil or criminal, the good faith of
any person required to make a report shall be presumed.

* NB There are 2 § 2803-e's