§ 2805-k. Investigations prior to granting or renewing privileges. 1.
Prior to granting or renewing professional privileges or association of
any physician, dentist or podiatrist or hiring a physician, dentist or
podiatrist, a hospital or facility approved pursuant to this article
shall request from the physician, dentist or podiatrist and the
physician, dentist or podiatrist shall be required to provide the
following information:

(a) The name of any hospital or facility with or at which the
physician, dentist or podiatrist had or has any association, employment,
privileges or practice;

(b) Where such association, employment, privilege or practice was
discontinued, the reasons for its discontinuation;

(c) Any pending professional medical, dental or podiatric misconduct
proceedings or any pending medical malpractice actions in this state or
another state, the substance of the allegations in such proceedings or
actions, and any additional information concerning such proceedings or
actions as the physician, dentist or podiatrist may deem appropriate;

(d) The substance of the findings in such actions or proceedings and
any additional information concerning such actions or proceedings as the
physician, dentist or podiatrist may deem appropriate;

(e) A waiver by the physician, dentist or podiatrist of any
confidentiality provisions concerning the information required to be
provided to hospitals pursuant to this subdivision; and

(f) Documentation that the physician, dentist or podiatrist has
completed the course work or training as mandated by section two hundred
thirty-nine of this chapter or section six thousand five hundred five-b
of the education law. A hospital or facility shall not grant or renew
professional privileges or association to a physician, dentist, or
podiatrist who has not completed such course work or training.

(g) A verification by the physician, dentist or podiatrist that the
information provided by the physician, dentist or podiatrist is true and
accurate.

2. Prior to granting privileges or association to any physician,
dentist or podiatrist, or hiring a physician, dentist or podiatrist, any
hospital or facility approved pursuant to this article shall request
from any hospital with or at which such physician, dentist or podiatrist
had or has privileges, was associated, or was employed, the following
information concerning such physician, dentist or podiatrist:

(a) Any pending professional medical conduct proceedings or any
pending medical malpractice actions, in this state or another state;

(b) Any judgment or settlement of a medical malpractice action and any
finding of professional misconduct in this state or another; and

(c) Any information required to be reported by hospitals pursuant to
section twenty-eight hundred three-e of this article.

3. If requested by the department, a hospital shall provide
documentation that, prior to granting privileges, association or
employing a physician, dentist or podiatrist, it has complied with the
requirements of subdivisions one and two of this section and that, prior
to renewing privileges, association or employment, it has complied with
the requirements of subdivision one of this section. Copies of the
information and documentation required pursuant to subdivisions one and
two of this section shall be placed in the physician's, dentist's or
podiatrist's personnel or credentials file maintained by the hospital.

4. Any hospital which receives a request for information from another
hospital pursuant to subdivision one or two of this section shall
provide such information concerning the physician, dentist or podiatrist
in question to the extent such information is known to the hospital
receiving such a request, including the reasons for suspension,
termination, curtailment of employment or privileges at the hospital.
Any hospital or hospital employee providing such information in good
faith shall not be liable in any civil action for the release of such
information.