senate Bill S2066

Provides that the director of the office of professional medical conduct shall meet with complainants to review materials to be considered in charges of misconduct

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2013
    • REFERRED TO HEALTH
  • 11 / Mar / 2013
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 30 / Apr / 2013
    • HELD IN COMMITTEE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 03 / Mar / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

Summary

Provides that the director of the office of professional medical conduct shall meet with complainants, when requested by the complainant, to review materials to be considered by the board for professional medical conduct when considering complaints of misconduct.

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Bill Details

See Assembly Version of this Bill:
A6629
Versions:
S2066
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §230, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3465, A102
2009-2010: S8461, A194
2007-2008: A9602, A9602

Sponsor Memo

BILL NUMBER:S2066

TITLE OF BILL: An act to amend the public health law, in relation to
investigations of professional medical conduct

PURPOSE OR GENERAL IDEA OF BILL: To allow citizens greater input and
participation in the process by which complaints to the board for
professional medical conduct are handled and evaluated.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subparagraph (i) of paragraph (a) of subdivision 10
of section 230 of the public health law, as amended by chapter 542 of
the laws of 2000. This adds the provision that the director of the
office of professional medical conduct shall meet with a complainant
when so requested by the complainant, to review materials that are
offered to support a case for review by the board for professional
medical conduct. Section two amends paragraph (e) of subdivision 10 of
section 230 of the public health law, as amended by chapter 606 of the
laws of 1991. This provision requires that 25% of the members of the
committee on professional conduct be comprised of non-medical
personnel, to insure a more diverse committee to review such
complaints.

Existing Law: § 230. State board for professional medical conduct;
proceedings. 1. A state board for professional medical conduct is
hereby created in the department in matters of professional misconduct
as defined in sections sixty-five hundred thirty and sixty-five
hundred thirty-one of the education law. Its physician members shall
be appointed by the commissioner at least eighty-five percent of whom
shall be from among nominations submitted by the medical society of
the state of New York. Furthermore, no requirement in existing law
requires the director of the office of professional conduct to meet
with the complainant.

JUSTIFICATION: The board of professional medical conduct is the
administrative entity responsible for reviewing and acting on
complaints of medical misconduct. Generally, individuals who are
affected by what they consider to be medical misconduct, reaching a
level identifiable as medical malpractice, seek redress through the
courts in a tort action. In some cases, however, the degree of
suffering or financial loss is not sufficient to achieve a successful
legal result in the courts; in these cases, an individual is left with
submission of a complaint with the state's office of professional
medical conduct as their only alternative course of action. This
legislation is provided to assure that such complaints are handled
thoroughly with an opportunity for the complainant to be fully heard,
and to require that those hearing the complaint include non-medical
personnel, to insure a diversity of experience among those hearing the
complaint.

These provisions would allow an individual to meet in person with the
director of the office of professional misconduct to present evidence
supporting that person's claim of medical misconduct. Present
provisions allow for all such review to be completed without any
direct meeting with the complainant; information that cannot be easily


placed in writing can be provided by the complainant to help the
director make the best possible decision on whether,a full hearing is
warranted on the complaint. Further, providing that at least 25%
membership of the committee on professional conduct be non-medical
personnel allows for a balance in experience and perspective for the
deliberations of the committee in assessing these complaints.

PRIOR LEGISLATIVE HISTORY:
2007-08: A9602 (Latimer) Referred to Health
2009-10 A.194 (Latimer) Referred to Health, S.8461
(Oppenheimer)Referred to Rules
2011-2012: A.102 (Latimer) Referred to Health S.3465 (Oppenheimer)
Referred to Health

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: 60 days after the bill becomes law, with provisions.

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

                                  2066

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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 investigations  of
  professional medical conduct

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

  Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  10  of
section  230  of the public health law, as amended by chapter 542 of the
laws of 2000, is amended to read as follows:
  (i) The board for professional medical conduct, by the director of the
office of professional medical conduct, may investigate on its  own  any
suspected  professional misconduct, and shall investigate each complaint
received regardless of the source.    THE  DIRECTOR  OF  THE  OFFICE  OF
PROFESSIONAL  MEDICAL  CONDUCT,  WHEN  REQUESTED BY A COMPLAINANT, SHALL
MEET WITH THE COMPLAINANT TO REVIEW MATERIALS TO BE  CONSIDERED  BY  THE
BOARD  IN  ITS  REVIEW OF SUSPECTED PROFESSIONAL MEDICAL MISCONDUCT. The
director of the office of professional medical  conduct  shall  cause  a
preliminary  review  of  every report made to the department pursuant to
section twenty-eight hundred three-e as added by chapter  eight  hundred
sixty-six  of the laws of nineteen hundred eighty, sections twenty-eight
hundred five-l and  forty-four  hundred  five-b  of  this  chapter,  and
section three hundred fifteen of the insurance law, to determine if such
report  reasonably  appears  to  reflect  physician  conduct  warranting
further investigation pursuant to this subparagraph.
  S 2. Paragraph (e) of subdivision 10 of  section  230  of  the  public
health law, as amended by chapter 606 of the laws of 1991, is amended to
read as follows:
  (e)  Committee  hearing. The hearing shall be conducted by a committee
on professional conduct.  AT LEAST TWENTY-FIVE PERCENT OF SUCH COMMITTEE
SHALL BE NON-MEDICAL PERSONNEL. The members  of  the  hearing  committee
shall  be  appointed by the chairperson of the board who shall designate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06262-01-3

S. 2066                             2

the committee chairperson. In addition to said  committee  members,  the
commissioner  shall  designate  an  administrative  officer, admitted to
practice as an attorney in the state of New York,  who  shall  have  the
authority to rule on all motions, including motions to compel disclosure
of  information or material claimed to be protected because of privilege
or confidentiality, procedures and  other  legal  objections  and  shall
draft the conclusions of the hearing committee pursuant to paragraph (g)
OF THIS SUBDIVISION.  The administrative officer shall have the authori-
ty  to  rule  on  objections  to  questions posed by either party or the
committee members.  The administrative officer shall not be entitled  to
vote.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law. Provided, that effective immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed  to  be  made and completed by the commissioner of health on or
before such effective date; and provided, further, that  the  amendments
to subparagraph (i) of paragraph (a) of subdivision 10 of section 230 of
the  public  health law made by section one of this act shall not affect
the expiration of such paragraph and shall be deemed  to  expire  there-
with.

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