S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5122
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing the  "New
   York patients' right to know act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York patients' right to know act".
   § 2. The education law is amended by adding a new section 6533 to read
 as follows:
   §  6533.  PATIENTS'  RIGHT TO KNOW. 1. A PHYSICIAN FOUND GUILTY OF ANY
 CATEGORY OF PROFESSIONAL MISCONDUCT AS SPECIFIED IN SUBDIVISION  TWO  OF
 THIS  SECTION,  UNDER  THE  PROCEDURES PRESCRIBED IN SECTION TWO HUNDRED
 THIRTY OF THE PUBLIC HEALTH LAW, SHALL PROVIDE TO ALL PATIENTS A DISCLO-
 SURE WHICH INCLUDES:
   (A) THE PENALTIES IMPOSED UPON SUCH PHYSICIAN PURSUANT TO SECTION  TWO
 HUNDRED  THIRTY-A  OF  THE  PUBLIC  HEALTH  LAW, AS ADDED BY CHAPTER SIX
 HUNDRED SIX OF THE LAWS OF NINETEEN NINETY-ONE, AND THE DURATION OF SUCH
 PENALTIES;
   (B) THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT'S CONTACT  INFORMATION;
 AND
   (C)  AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION ABOUT
 SUCH PHYSICIAN'S HISTORY OF MISCONDUCT ON  THE  OFFICE  OF  PROFESSIONAL
 MEDICAL CONDUCT'S INTERNET WEBSITE.
   2.  A  PHYSICIAN  FOUND GUILTY OF PROFESSIONAL MISCONDUCT UNDER ANY OF
 THE FOLLOWING SUBDIVISIONS OF SECTION SIXTY-FIVE HUNDRED THIRTY OF  THIS
 ARTICLE  SHALL PROVIDE TO ALL PATIENTS THE DISCLOSURE REQUIRED BY SUBDI-
 VISION ONE OF THIS SECTION:
   (A) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (A) OF SUBDIVISION NINE OF
 SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF  THIS  ARTICLE  INVOLVING  A
 CRIMINAL CONVICTION WHERE:

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

                                                            LBD02953-01-1

 A. 5122                             2
 
   (I) SUCH CRIMINAL CONVICTION WAS FOR ANY SEX OFFENSE UNDER ARTICLE ONE
 HUNDRED  THIRTY OF THE PENAL LAW, AND WHERE SUCH SEX OFFENSE WAS COMMIT-
 TED AGAINST A PATIENT OF SUCH PHYSICIAN; OR
   (II)  SUCH CRIMINAL CONVICTION WAS FOR ANY OTHER ACT RESULTING IN HARM
 TO A PATIENT;
   (B) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (E) OF SUBDIVISION NINE OF
 SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF  THIS  ARTICLE,  WHERE  SUCH
 PHYSICIAN  WAS  FOUND  TO BE IN VIOLATION OF ARTICLE THIRTY-THREE OF THE
 PUBLIC HEALTH LAW; OR
   (C) PROFESSIONAL  MISCONDUCT  UNDER  SUBDIVISION  SEVEN  OR  EIGHT  OF
 SECTION  SIX  THOUSAND  FIVE  HUNDRED  THIRTY  OF THIS ARTICLE INVOLVING
 IMPAIRMENT OR ABUSE OF ALCOHOL OR NARCOTICS.
   3. A PHYSICIAN REQUIRED TO  PROVIDE  A  DISCLOSURE  PURSUANT  TO  THIS
 SECTION  SHALL  OBTAIN  FROM ALL PATIENTS, OR SUCH PATIENTS' GUARDIAN OR
 HEALTH CARE SURROGATE, A SEPARATE, SIGNED COPY OF SUCH DISCLOSURE.
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO  THE  CONTRARY,  A
 PHYSICIAN  SHALL  NOT  BE  REQUIRED  TO  PROVIDE A DISCLOSURE UNDER THIS
 SECTION IF ANY OF THE FOLLOWING APPLIES:
   (A) THE PATIENT IS UNCONSCIOUS OR OTHERWISE UNABLE TO  COMPREHEND  THE
 DISCLOSURE  AND SIGN THE COPY OF SUCH DISCLOSURE PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION, AND  A  GUARDIAN  OR  HEALTH  CARE  SURROGATE  IS
 UNAVAILABLE TO COMPREHEND SUCH DISCLOSURE AND SIGN A COPY;
   (B)  THE  VISIT OCCURS IN AN EMERGENCY ROOM OR AN URGENT CARE FACILITY
 OR SUCH VISIT IS UNSCHEDULED, INCLUDING CONSULTATIONS GIVEN AS A PART OF
 INPATIENT HEALTH CARE SERVICES, AS  DEFINED  BY  SUBDIVISION  ELEVEN  OF
 SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW;
   (C) SUCH PHYSICIAN IS NOT KNOWN TO THE PATIENT UNTIL IMMEDIATELY PRIOR
 TO THE START OF THE VISIT; OR
   (D)  SUCH PHYSICIAN DOES NOT HAVE A DIRECT TREATMENT RELATIONSHIP WITH
 THE PATIENT.
   5. THE BOARD OF THE  OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT  SHALL
 CREATE  THE  DISCLOSURE  FORM  REQUIRED  UNDER  THIS  SECTION, AND SHALL
 PROVIDE SUCH DISCLOSURE FORM ON ITS WEBSITE TO BE ACCESSIBLE  BY  PHYSI-
 CIANS.
   6.  THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL MAKE ALL INFORMA-
 TION REQUIRED TO BE INCLUDED ON DISCLOSURES  UNDER  THIS  SECTION  ADDI-
 TIONALLY AVAILABLE ON ITS WEBSITE.
   §  3.  The  education law is amended by adding a new section 6511-a to
 read as follows:
   § 6511-A. PATIENTS' RIGHT  TO  KNOW.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "LICENSEE"  MEANS AND SHALL BE LIMITED TO INDIVIDUALS LICENSED OR
 AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER ARTICLE ONE HUNDRED THIRTY-TWO
 OF THIS TITLE, INDIVIDUALS LICENSED OR AUTHORIZED TO  PRACTICE  PODIATRY
 UNDER  ARTICLE  ONE  HUNDRED  FORTY-ONE  OF  THIS TITLE, AND INDIVIDUALS
 LICENSED OR AUTHORIZED TO PRACTICE ACUPUNCTURE UNDER ARTICLE ONE HUNDRED
 SIXTY OF THIS TITLE.
   (B) "THE BOARD" SHALL MEAN THE BOARD OF REGENTS.
   2. A LICENSEE FOUND GUILTY OF ANY CATEGORY OF PROFESSIONAL  MISCONDUCT
 AS  SPECIFIED IN SUBDIVISION THREE OF THIS SECTION, UNDER THE PROCEDURES
 PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THIS  SUBARTICLE,  SHALL
 PROVIDE TO ALL CLIENTS A DISCLOSURE WHICH INCLUDES:
   (A)  THE  PENALTIES  IMPOSED  UPON  SUCH  LICENSEE PURSUANT TO SECTION
 SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBARTICLE, AND THE DURATION  OF  SUCH
 PENALTIES;
   (B) THE BOARD'S CONTACT INFORMATION; AND

 A. 5122                             3
 
   (C)  AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION ABOUT
 SUCH LICENSEE'S HISTORY OF MISCONDUCT ON THE BOARD'S INTERNET WEBSITE.
   3. A LICENSEE FOUND GUILTY OF PROFESSIONAL MISCONDUCT UNDER ANY OF THE
 FOLLOWING SUBDIVISIONS OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBAR-
 TICLE  SHALL PROVIDE TO ALL PATIENTS THE DISCLOSURE REQUIRED BY SUBDIVI-
 SION TWO OF THIS SECTION:
   (A) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (A) OF SUBDIVISION FIVE OF
 SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THIS TITLE INVOLVING A CRIM-
 INAL CONVICTION WHERE:
   (I) SUCH CRIMINAL CONVICTION WAS FOR ANY SEX OFFENSE UNDER ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW, AND WHERE SUCH SEX OFFENSE WAS  COMMIT-
 TED AGAINST A PATIENT OF SUCH LICENSEE; OR
   (II)  SUCH CRIMINAL CONVICTION WAS FOR ANY OTHER ACT RESULTING IN HARM
 TO A PATIENT;
   (B) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (C) OF SUBDIVISION FIVE OF
 SECTION SIX THOUSAND FIVE HUNDRED  THIRTY  OF  THIS  TITLE,  WHERE  SUCH
 LICENSEE  WAS  FOUND  TO  BE IN VIOLATION OF ARTICLE THIRTY-THREE OF THE
 PUBLIC HEALTH LAW; OR
   (C) PROFESSIONAL MISCONDUCT UNDER SUBDIVISION THREE OR FOUR  INVOLVING
 IMPAIRMENT OR ABUSE OF ALCOHOL OR NARCOTICS.
   4.  A  LICENSEE  REQUIRED  TO  PROVIDE  A  DISCLOSURE PURSUANT TO THIS
 SECTION SHALL OBTAIN FROM ALL PATIENTS, OR SUCH  PATIENTS'  GUARDIAN  OR
 HEALTH CARE SURROGATE, A SEPARATE, SIGNED COPY OF SUCH DISCLOSURE.
   5.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION TO THE CONTRARY A
 LICENSEE SHALL NOT BE  REQUIRED  TO  PROVIDE  A  DISCLOSURE  UNDER  THIS
 SECTION IF ANY OF THE FOLLOWING APPLIES:
   (A)  THE  PATIENT IS UNCONSCIOUS OR OTHERWISE UNABLE TO COMPREHEND THE
 DISCLOSURE AND SIGN THE COPY OF SUCH DISCLOSURE PURSUANT TO  SUBDIVISION
 FOUR  OF  THIS  SECTION,  AND  A  GUARDIAN  OR  HEALTH CARE SURROGATE IS
 UNAVAILABLE TO COMPREHEND SUCH DISCLOSURE AND SIGN A COPY;
   (B) THE VISIT OCCURS IN AN EMERGENCY ROOM OR AN URGENT  CARE  FACILITY
 OR SUCH VISIT IS UNSCHEDULED, INCLUDING CONSULTATIONS GIVEN AS A PART OF
 INPATIENT  HEALTH  CARE  SERVICES,  AS  DEFINED BY SUBDIVISION ELEVEN OF
 SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW;
   (C) SUCH LICENSEE IS NOT KNOWN TO THE PATIENT UNTIL IMMEDIATELY  PRIOR
 TO THE START OF THE VISIT; OR
   (D)  SUCH  LICENSEE DOES NOT HAVE A DIRECT TREATMENT RELATIONSHIP WITH
 THE PATIENT.
   6. THE BOARD SHALL CREATE THE  DISCLOSURE  FORM  REQUIRED  UNDER  THIS
 SECTION,  AND  SHALL  PROVIDE  SUCH DISCLOSURE FORM ON ITS WEBSITE TO BE
 ACCESSIBLE BY LICENSEES.
   7. THE BOARD SHALL MAKE ALL INFORMATION REQUIRED  TO  BE  INCLUDED  ON
 DISCLOSURES UNDER THIS SECTION ADDITIONALLY AVAILABLE ON ITS WEBSITE.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.