NY State Senate Bill 2023-S1191

Senate Bill S1191

2023-2024 Legislative Session

Requires certain health care providers to disclose certain facts in regards to probation to current and new patients

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Jan 10, 2023	referred to higher education

2023-S1191 (ACTIVE) - Details

See Assembly Version of this Bill:: A8117
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S310, A10010

2023-S1191 (ACTIVE) - Summary

Requires certain health care providers to disclose certain facts in regards to probation to current and new patients.

2023-S1191 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1191

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring certain
health care providers to disclose certain facts in regards to probation
to current and new patients

 
PURPOSE OR GENERAL IDEA OF BILL:.:

The purpose of the bill is to require certain health care providers to
disclose the fact that the provider is on probation to current and new
patients.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The education law is amended by adding a new section 6511-a
which, describes "Disclosure of probationary status", the person,
department, and entities it applies to.

Section 2. Provides the effective date.

 
JUSTIFICATION:

The bill aims to promote patient and provider's trust while providing
patients with much better clarity when it comes to their chosen provid-
ers. In 2018, an experienced Pediatric Surgeon was charged with profes-
sional misconduct in the treatment of 5 children between 2010-2012.

According to the New York State Health Department, the provider "devi-
ated from accepted standards of care or failed to exercise the care that
a reasonably prudent pediatric surgeon would have exercised under simi-
lar circumstances." Despite having a series of negligent charges filed
against her, that provider kept her positions as a surgeon and associate
professor at a hospital in Buffalo. The provider had her first gross
negligent case in 2010. Then she failed to perform. a proper colostomy
on a 67year-old.

According to charges filed against her, she brought out the wrong end of
the patient's colon. One of the following cases filed against her reads
as follows: "respondent failed to timely and/or adequately evaluate
and/or diagnose and/or treat Patient E for signs and/or symptoms of
bowel obstruction and/or bowel stricture."

Presently, there is not a law in the state of New York that Mandates
doctors to disclose their-disciplinary actions to their patients.
Having patients look up their doctors through the OPM website or
www.nydoctorprofile.com can be time-consuming, and the medical jargon

itself is co fusing. The patient should know if a doctor has been disci-
plined before allowing him to operate on their loved ones.

In this doctor's case, the patient's parents would have benefited from
such information. Probation does not automatically mean a doctor is no
longer qualified to practice medicine. In 2017, the NYS Department of
Health, Office of Professional Medical Conduct (OPM) stated 1396 licen-
sees were being monitored; 480 for impairment issues; 916 for probations

other than impairments. Not all licensees comply with the determinations
of their Board orders.

For instance, in 2017, the Board for Professional medical Conduct had to
impose disciplinary action against a total of 9 physicians for failure
to comply with orders,7 of those physicians lost their licenses. The
other 3 physicians had to go to court hearings because of their failure
to comply with their probation orders. This bill seeks to provide
patients with a better understanding of their doctors' medical licenses
status and facilitate trust between the two parties.

 
PRIOR LEGISLATIVE HISTORY:

2021/2022: S310A Referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to all probationary orders
issued on or after January 1, 2024. 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 on or before such effective date.

2023-S1191 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1191
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  certain
   health  care  providers  to  disclose  certain  facts  in  regards  to
   probation to current and new patients

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6511-a
 to read as follows:
   §  6511-A.  DISCLOSURE  OF PROBATIONARY STATUS.  (1) THE PROVISIONS OF
 THIS SECTION SHALL APPLY TO ANY  PERSON  LICENSED  UNDER  THE  FOLLOWING
 ARTICLES  OF  THIS TITLE: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
 THIRTY-ONE-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-TWO  (CHIROPRAC-
 TIC),  ONE  HUNDRED  THIRTY-THREE  (DENTISTRY  AND  DENTAL HYGIENE), ONE
 HUNDRED THIRTY-FOUR (LICENSED  PERFUSIONISTS),  ONE  HUNDRED  THIRTY-SIX
 (PHYSICAL  THERAPY AND PHYSICAL THERAPIST ASSISTANTS), ONE HUNDRED THIR-
 TY-NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY  PRACTICE),
 ONE  HUNDRED  FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY),
 ONE HUNDRED FIFTY-FIVE (MASSAGE THERAPY), ONE HUNDRED FIFTY-SIX (OCCUPA-
 TIONAL THERAPY),  ONE  HUNDRED  SIXTY  (ACUPUNCTURE),  AND  ONE  HUNDRED
 SIXTY-FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS).
   (2) AS USED IN THIS SECTION:
   (A)  "LICENSEE"  MEANS  ANY  PERSON  LICENSED TO PRACTICE A PROFESSION
 GOVERNED BY THE ARTICLES OF THIS TITLE LISTED IN SUBDIVISION ONE OF THIS
 SECTION; AND
   (B) "STATE BOARD" MEANS THE STATE BOARD FOR EACH  PROFESSION  GOVERNED
 BY  THE ARTICLES OF THIS TITLE LISTED IN SUBDIVISION ONE OF THIS SECTION
 AND APPOINTED BY THE BOARD OF REGENTS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED EIGHT OF THIS ARTICLE.
   (3)  THE  DEPARTMENT  AND  THE  APPLICABLE STATE BOARD SHALL REQUIRE A
 LICENSEE OR, IN THE  EVENT  THAT  THE  PATIENT'S  APPOINTMENT  IS  AT  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02593-01-3

 S. 1191                             2
 
 LOCATION  OTHER THAN THE LICENSEE'S PRACTICE, THE LICENSEE OR THE HOSPI-
 TAL OR PRACTICE WHERE THE PATIENT'S APPOINTMENT IS OCCURRING TO DISCLOSE
 THE FOLLOWING  ON  A  SEPARATE  DOCUMENT:  THE  LICENSEE'S  PROBATIONARY
 STATUS; THE CAUSE OR CAUSES FOR PROBATION IN THE STATEMENT OF THE ISSUES
 OR  THE  LEGAL CONCLUSIONS OF AN ADMINISTRATIVE LAW JUDGE; THE LENGTH OF
 THE PROBATION AND THE END DATE; ALL PRACTICE RESTRICTIONS PLACED ON  THE
 LICENSEE  BY  THE  BOARD;  THE  ADDRESS  OF THE APPLICABLE STATE BOARD'S
 INTERNET WEBSITE; AND THE APPLICABLE STATE BOARD'S TELEPHONE NUMBER TO A
 CURRENT OR NEW PATIENT, THE PATIENT'S GUARDIAN OR THE  PATIENT'S  HEALTH
 CARE  SURROGATE  PRIOR TO THE PATIENT'S FIRST VISIT FOLLOWING THE PROBA-
 TIONARY ORDER WHILE THE LICENSEE IS ON PROBATION PURSUANT  TO  A  PROBA-
 TIONARY ORDER MADE AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, IN ANY
 OF  THE  CIRCUMSTANCES  LISTED IN PARAGRAPH (A), (B), (C) OR (D) OF THIS
 SUBDIVISION. SUCH WRITTEN DISCLOSURE SHALL BE PROVIDED TO  THE  PATIENT,
 THE  PATIENT'S  GUARDIAN  OR  THE PATIENT'S HEALTH CARE SURROGATE IN THE
 LICENSEE'S OFFICE PRIOR TO THE TIME THE PATIENT ENTERS  THE  EXAMINATION
 ROOM  AND  THE  EXAMINATION OR TREATMENT COMMENCES.  THE LICENSEE OR, IN
 THE EVENT THAT THE PATIENT'S APPOINTMENT IS AT A LOCATION OTHER THAN THE
 LICENSEE'S PRACTICE, THE LICENSEE OR THE HOSPITAL OR PRACTICE WHERE  THE
 PATIENT'S  APPOINTMENT  IS  OCCURRING SHALL PROVIDE THE DISCLOSURE UNDER
 THE FOLLOWING CIRCUMSTANCES:
   (A) A COMPLAINT FILED AGAINST THE  LICENSEE  INDICATES  OR  THE  LEGAL
 CONCLUSIONS  OF  AN  ADMINISTRATIVE  LAW JUDGE FIND THAT THE LICENSEE IS
 IMPLICATED IN ANY OF THE FOLLOWING:
   (I) GROSS NEGLIGENCE;
   (II) REPEATED NEGLIGENT ACTS INVOLVING A DEPARTURE FROM  THE  STANDARD
 OF CARE WITH MULTIPLE PATIENTS;
   (III)  FELONY CONVICTION ARISING FROM OR OCCURRING DURING PATIENT CARE
 OR TREATMENT; OR
   (IV) MENTAL ILLNESS OR  OTHER  COGNITIVE  IMPAIRMENT  THAT  IMPEDES  A
 LICENSEE'S ABILITY TO SAFELY RENDER PATIENT CARE.
   (B)  THE  APPLICABLE  STATE  BOARD  ORDERED  ANY  OF  THE FOLLOWING IN
 CONJUNCTION WITH PLACING THE LICENSEE ON PROBATION:
   (I) THAT A THIRD-PARTY CHAPERONE BE PRESENT WHEN THE LICENSEE EXAMINES
 PATIENTS AS A RESULT OF SEXUAL MISCONDUCT; AND/OR
   (II) THAT THE LICENSEE HAVE A MONITOR.
   (C) THE LICENSEE HAS NOT SUCCESSFULLY COMPLETED A TRAINING PROGRAM  OR
 ANY  ASSOCIATED  EXAMINATIONS  REQUIRED  BY  THE BOARD AS A CONDITION OF
 PROBATION.
   (D) THE LICENSEE HAS BEEN ON PROBATION MORE THAN ONCE.
   (4) THE LICENSEE OR, IN THE EVENT THAT THE PATIENT'S APPOINTMENT IS AT
 A LOCATION OTHER THAN THE  LICENSEE'S  PRACTICE,  THE  LICENSEE  OR  THE
 HOSPITAL  OR PRACTICE WHERE THE PATIENT'S APPOINTMENT IS OCCURRING SHALL
 OBTAIN FROM EACH PATIENT  A  SIGNED  RECEIPT  FOLLOWING  THE  DISCLOSURE
 DESCRIBED  IN  SUBDIVISION THREE OF THIS SECTION THAT INCLUDES A WRITTEN
 EXPLANATION OF HOW THE PATIENT  CAN  FIND  FURTHER  INFORMATION  ON  THE
 LICENSEE'S PROBATION ON THE APPLICABLE STATE BOARD'S INTERNET WEBSITE.
   (5) IF A PATIENT, THE PATIENT'S GUARDIAN, OR THE PATIENT'S HEALTH CARE
 SURROGATE  ELECTS  TO CANCEL THE PATIENT'S APPOINTMENT WITH THE LICENSEE
 UPON BEING PROVIDED WITH THE DISCLOSURE REQUIRED BY SUBDIVISION THREE OF
 THIS SECTION, NEITHER THE PATIENT NOR THE  PATIENT'S  INSURANCE  COMPANY
 SHALL BE CHARGED FOR THE APPOINTMENT.
   (6)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 SUBJECT TO A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS. ANY PERSON  WHO
 COMMITS SUBSEQUENT, WILLFUL VIOLATIONS OF THE PROVISIONS OF THIS SECTION
 S. 1191                             3
 
 SHALL  HAVE  HIS  OR  HER  LICENSE  SUSPENDED FOR A PERIOD OF TIME TO BE
 DETERMINED BY THE COMMISSIONER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law and shall apply to all probationary orders
 issued on or after January 1, 2024. 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 to be
 made and completed on or before such effective date.

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