S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2057
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. MAYER -- read once and referred 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 11 of the
 laws of 2015, is amended to read as follows:
   (i) (A) 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. By the
 conclusion of a  preliminary  review,  including  an  internal  clinical
 review,  the  director  shall determine if a report is based solely upon
 the recommendation or provision of a treatment modality  by  a  licensee
 that  is  not  universally accepted by the medical profession, including
 but not limited to varying modalities used  in  the  treatment  of  Lyme
 disease or other tick-borne diseases. Upon a determination by the direc-
 tor  that  a  report  is  based solely upon the provision of a treatment
 modality that is not universally accepted, no further  review  shall  be
 conducted and no charges shall be brought. Nothing in this section shall
 preclude  the  director  from making such a determination earlier in, or
 subsequent to, a preliminary review. (B) 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 nine-
 teen hundred eighty, sections twenty-eight hundred five-l and forty-four
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02500-01-7

 A. 2057                             2
 
 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.
   §  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
 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.
   § 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.