NY State Senate Bill 2009-S5002

Senate Bill S5002

Vetoed By Governor

2009-2010 Legislative Session

Prohibits hospitals from denying staff membership or professional privileges to psychologists without cause

download bill text pdf

Archive: Last Bill Status Via A1729 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2010	tabled
Jul 20, 2010	vetoed memo.18
Jul 08, 2010	delivered to governor
Jun 16, 2010	returned to assembly passed senate
Jun 14, 2010	3rd reading cal.866 substituted for s5002
Jun 14, 2010	substituted by a1729
Jun 10, 2010	advanced to third reading
Jun 09, 2010	2nd report cal.
Jun 08, 2010	1st report cal.866
Jan 06, 2010	referred to health
Apr 27, 2009	referred to health

Votes

- Jun 16, 2010 - Floor Vote
  A1729
  
  33
  
  Aye
  
  28
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2010
      
      aye (33)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (28)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 8, 2010 - Health Committee Vote
  S5002
  
  8
  
  Aye
  
  3
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jun 8, 2010
      
      aye (8)
      
      Duane
      
      Klein
      
      Kruger
      
      Montgomery
      
      Sampson
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (3)
      
      Johnson
      
      Little
      
      Winner
      
      aye wr (6)
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Larkin
      
      Saland
      
      Young

2009-S5002 (ACTIVE) - Details

See Assembly Version of this Bill:: A1729
Law Section:: Public Health Law
Laws Affected:: Amd §2801-b, Pub Health L

2009-S5002 (ACTIVE) - Summary

Prohibits hospitals from denying staff membership or professional privileges to any psychologist without stating the reasons therefor; provides that such reasons must be related to standards of patient care, patient welfare, the objectives of the hospital, or the character or competency of the psychologist.

2009-S5002 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5002

 TITLE OF BILL :
An act to amend the public health law, in relation to hospital access
of psychologists


 PURPOSE OR GENERAL IDEA OF BILL :
To give psychologists due process in the event of denial by hospitals
of license-appropriate privileges or medical staff membership.

 SUMMARY OF SPECIFIC PROVISIONS :
This legislation amends Section 2801-b of the Public Health Law to add
psychologists to the list of health care practitioners who are
entitled to receive stated reasons if a hospital rejects or refuses to
act upon an application for staff membership or professional
privileges. The law currently applies to:  physicians, optometrists,
dentists, and podiatrists.

It also would be an improper practice if the reasons for the denial
are unrelated to standards of patient care, patient welfare, the
objectives of the institution or the character or competency of the
psychologist applying for privileges. Finally, this legislation adds
psychologists to the list of practitioners who, upon filing a
complaint, would be afforded the right to an investigation of such
complaint by the Public Health Council.

 JUSTIFICATION :
Section 2801-b of the Public Health Law was established to prohibit
hospitals from engaging in improper and discriminatory practices with
respect to hospital staff appointments and the extension of
professional privileges to certain health practitioners.  These health
practitioners include physicians, optometrists, dentists and
podiatrists. This legislation would add psychologists to the list of
health practitioners who are afforded these same due process
protections.

New York State has long recognized the ability of psychologists to
independently diagnose and treat mental illness. Chapter 676 of the
laws of 2002 reinforces that recognition by providing psychologists
with a statutory scope of practice. Despite the State's recognition of
a psychologist's high level of competence in providing mental health
services, many hospitals are still unwilling to grant psychologists
professional privileges and staff membership. Existing State Health
Department regulations (10 NYCRR Section 405) recognize that "other
health care practitioners" may be granted staff membership or
professional privileges. The regulations require written criteria for
the granting of professional privileges.

Additionally, the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO) recognizes that the medical staff may include
not only physicians, but other licensed individuals who are permitted
by law and by the hospital to provide patient care services
independently in the hospital.

Psychologists can treat a patient who is suicidal in the community,
but when the patient is in need of acute care in a hospital, a
psychologist can no longer care for a patient with whom he or she has
had a long-standing relationship. This bill would appropriately
include psychologists under Section 2801-b. It is important to note
that nothing in this legislation mandates that a hospital provide a
particular psychologist with a hospital staff appointment or
professional privileges. Nor does it allow psychologists to practice
outside their legal scope of practice. Rather, this legislation
affords psychologists due process protections that other health
practitioners currently enjoy.
 PRIOR LEGISLATIVE HISTORY :
2003: A.6813 - Passed Assembly; S.2849 HANNON - Referred to Health
2004: A.6813-A - Advanced to 3rd Reading; S.2849 HANNON - Referred to
Health
2005-06: A.5496-A - Passed Assembly; S.3892-A HANNON - Referred to
Health
2007-08: A.6340 - Passed Assembly; S.4644 HANNON - Referred to Health

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
180 days after it becomes law.

2009-S5002 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5002

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to hospital access of
  psychologists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 3 of section 2801-b of the public health
law,  as amended by chapter 605 of the laws of 2008, are amended to read
as follows:
  1. It shall be an improper practice for the governing body of a hospi-
tal to refuse to act upon an application for staff membership or profes-
sional privileges or to deny or withhold from a  physician,  podiatrist,
optometrist,  dentist  [or],  licensed  midwife,  OR  PSYCHOLOGIST staff
membership or professional privileges in a hospital, or  to  exclude  or
expel  a  physician,  podiatrist,  optometrist,  dentist  [or], licensed
midwife OR PSYCHOLOGIST from staff membership in a hospital or  curtail,
terminate   or   diminish   in  any  way  a  physician's,  podiatrist's,
optometrist's, dentist's  [or],  licensed  midwife's  OR  PSYCHOLOGIST'S
professional  privileges  in  a  hospital,  without  stating the reasons
therefor, or if the reasons stated are unrelated to standards of patient
care, patient welfare, the objectives of the institution or the  charac-
ter or competency of the applicant. It shall be an improper practice for
a  governing  body of a hospital to refuse to act upon an application or
to deny or to withhold staff membership or professional privileges to  a
podiatrist based solely upon a practitioner's category of licensure.
  3.  After  the filing of any such complaint, the public health council
shall make a prompt investigation in connection therewith. In conducting
such investigation, the public health council is authorized  to  receive
reports  from the governing body of the hospital and the complainant, as
the case may be, and the furnishing of such information  to  the  public
health  council, or by the council to the governing body or complainant,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01103-01-9

S. 5002                             2

shall not subject any person or hospital to any action  for  damages  or
other  relief. Such information when received by the public health coun-
cil, or its authorized representative, shall be  kept  confidential  and
shall  be  used solely for the purposes of this section and the improve-
ment of the standards of patient care and patient welfare.  The  records
of  such  proceedings  shall  not be admissible as evidence in any other
action of any kind in any court or before  any  other  tribunal,  board,
agency,  or  person.  If the council shall determine after such investi-
gation that cause exists for crediting the allegations of the complaint,
the council shall promptly so advise the governing body of the  hospital
against which the complaint was made, and shall direct that such govern-
ing  body  make a review of the actions of such body in denying or with-
holding staff membership or professional privileges from the complainant
physician, podiatrist, optometrist, dentist [or],  licensed  midwife  OR
PSYCHOLOGIST  or  in  excluding or expelling such physician, podiatrist,
optometrist, dentist [or], licensed midwife OR PSYCHOLOGIST  from  staff
membership  or in curtailing, terminating or in any way diminishing such
physician's,  podiatrist's,  optometrist's,  dentist's  [or],   licensed
midwife's OR PSYCHOLOGIST'S professional privileges in the hospital.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law,  provided, that the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of the provisions of this act on its effective date  is  authorized  and
directed to be completed on or before such date.

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