S T A T E O F N E W Y O R K
________________________________________________________________________
194
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. LATIMER, SPANO, J. RIVERA, GALEF -- Multi-Spon-
sored by -- M. of A. WEISENBERG -- 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01188-01-9
A. 194 2
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.
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.