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

                                  7352

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 31, 2009
                               ___________

Introduced by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. CALHOUN,
  OAKS, THIELE, WEISENBERG -- read once and referred to the Committee on
  Health

AN  ACT  to  amend  the public health law, in relation to establishing a
  central registry of medical personnel terminated for cause

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

  Section  1.  The  public health law is amended by adding a new section
2821 to read as follows:
  S 2821. CENTRAL STATE REGISTRY  OF  EMPLOYEES  OF  MEDICAL  FACILITIES
TERMINATED  FOR  CAUSE.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE DEPARTMENT IS AUTHORIZED TO AND SHALL ESTABLISH AND  MAIN-
TAIN  A CENTRAL STATE REGISTRY IDENTIFYING PERSONNEL EMPLOYED BY MEDICAL
FACILITIES WITHIN THE STATE WHO HAVE BEEN TERMINATED FROM THEIR  EMPLOY-
MENT  BY  A MEDICAL FACILITY FOR CAUSE. THE REGISTRY SHALL MAINTAIN SUCH
INFORMATION AS THE COMMISSION REQUIRES, INCLUDING,  AT  A  MINIMUM,  THE
NAME,  ADDRESS, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER OF EACH PERSON
SO TERMINATED, THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE TERMINATING
FACILITY, THE DATE AND REASONS FOR THE TERMINATION, AND, TO  THE  EXTENT
KNOWN  BY  THE  MEDICAL  FACILITY,  WHETHER  CRIMINAL CHARGES WERE FILED
AGAINST THE PERSON TERMINATED. THE DEPARTMENT SHALL CONTINUE TO MAINTAIN
IN THE REGISTRY THE INFORMATION REQUIRED TO BE  KEPT  PURSUANT  TO  THIS
SECTION  FOR  EMPLOYEES  OF  MEDICAL FACILITIES FOR A PERIOD OF NOT LESS
THAN FIVE YEARS FOLLOWING TERMINATION,  RESIGNATION  OR  RETIREMENT,  OR
FAILURE  TO BE HIRED OR RENEWED AT WHICH TIME THE DEPARTMENT SHALL PURGE
FROM THE REGISTRY SUCH INFORMATION.
  2. EACH MEDICAL FACILITY SHALL TRANSMIT THE REQUISITE INFORMATION,  IN
SUCH  FORM  AS  IS PRESCRIBED BY THE COMMISSIONER, TO THE DEPARTMENT, NO
LATER THAN THE FIFTEENTH  CALENDAR  DAY  FOLLOWING  THE  TERMINATION  OF
EMPLOYMENT  OF ANY PERSON WHO WAS TERMINATED FOR CAUSE OR ANY PERSON WHO
RETIRED OR RESIGNED IN ORDER TO AVOID TERMINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10677-01-9
              

A. 7352                             2

  3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  MEDICAL  FACILITIES
SHALL,  UPON  SUCH TERMS AND CONDITIONS AS THE DEPARTMENT SHALL BY RULES
AND REGULATIONS PRESCRIBE, HAVE TIMELY ACCESS TO  INFORMATION  CONTAINED
IN  THE  REGISTRY  FOR  THE  PURPOSE  OF MAKING SUCH INQUIRIES REGARDING
PERSONS  WHO  ARE PRESENTLY EMPLOYED BY THE MEDICAL FACILITY OR WHO HAVE
APPLIED FOR EMPLOYMENT WITH THE MEDICAL FACILITY.
  4. THE INFORMATION REQUIRED TO BE SUBMITTED PURSUANT TO  THIS  SECTION
WHICH IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL SHALL BE KEPT CONFIDEN-
TIAL  AND  ALL  OTHER INFORMATION SHALL BE RELEASED ONLY PURSUANT TO THE
PROVISIONS OF THIS SECTION. THE DEPARTMENT  SHALL  ESTABLISH  RULES  AND
REGULATIONS  TO  PROVIDE  FOR  A  PERMANENT SYSTEM WHICH WILL ENSURE THE
SECURITY AND PRIVACY OF INFORMATION CONTAINED IN  THE  REGISTRY  AND  TO
ENSURE  THAT  SUCH  INFORMATION  IS  MADE  AVAILABLE ONLY FOR LEGITIMATE
PURPOSES TO QUALIFIED MEDICAL FACILITIES AS PROVIDED IN THIS SECTION.
  5. AS USED IN THIS SECTION, "MEDICAL  FACILITY"  MEANS  ANY  HOSPITAL,
NURSING  HOME  OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A HOME CARE  SERVICE  AGENCY
OR  LIMITED  HOME  CARE  SERVICE AGENCY AS DEFINED IN SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER.
  S 2. This act shall take effect January 1, 2010.