senate Bill S2362

Signed By Governor
2009-2010 Legislative Session

Relates to the defense and indemnification of optometrists rendering certain services

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 26, 2009 signed chap.412
Aug 14, 2009 delivered to governor
May 26, 2009 returned to senate
passed assembly
ordered to third reading cal.619
substituted for a6098
Mar 04, 2009 referred to mental health
delivered to assembly
passed senate
Mar 02, 2009 advanced to third reading
Feb 26, 2009 2nd report cal.
Feb 25, 2009 1st report cal.66
Feb 18, 2009 referred to mental health and developmental disabilities

Votes

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S2362 - Bill Details

See Assembly Version of this Bill:
A6098
Law Section:
Mental Hygiene Law

S2362 - Bill Texts

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view sponsor memo
BILL NUMBER: S2362

TITLE OF BILL :
An act to amend the mental hygiene law, in relation to defense and
indemnification of optometrists rendering certain services


PURPOSE :
To include optometrists to the list of professionals provided defense
and indemnification when rending professional services at the request
of the Office of Mental Health, the Office of Mental Retardation and
Developmental Disabilities or the Office of Alcoholism and Substance
Abuse Services.

SUMMARY OF PROVISIONS :
Section 1 of the bill would amend Mental Hygiene Law §7.35 to provide
defense and indemnification by the State to optometrists who are
rendering professional services at the request of the Office of Mental
Health.

Section 2 of the bill would amend Mental Hygiene Law §13.35 to provide
defense and indemnification by the State to optometrists who are
rendering professional services at the request of the Office of Mental
Retardation and Developmental Disabilities.

Section 3 would amend Mental Hygiene Law §19.35 to provide defense and
indemnification by the State to optometrists who are rendering
professional services at the request of the Office of Alcoholism and
Substance Abuse Services.

Section 4 of the bill provides for an immediate effective date.

EXISTING LAW :
Mental Hygiene Law §7.35 provides that the State shall provide for the
defense and indemnification of any physician, dentist, psychologist,
nurse, licensed master social worker or licensed clinical social
worker who is rendering professional treatment to patients at the
request of the Office of Mental Health, the Office of Mental
Retardation and Developmental Disabilities or the Office of Alcoholism
and Substance Abuse Services. Such defense and indemnification shall
be in relation to any civil action or proceeding in state or federal
court arising out of any alleged act or omission which is alleged to
have occurred during the scope of professional treatment by these
health care professionals.

Public Officers Law §17 provides for the defense and indemnification
by the State of State employees and officers.

Public Officers Law §18 provides for the defense and indemnification
by the State of employees and officers of municipalities, school
districts, special districts, public authorities and public benefit
corporations.

JUSTIFICATION :

This bill would include optometrists among the professionals who, when
rendering services within a facility administered by the Office of
Mental Health ("OMH"), Office of Mental Retardation and Developmental
Disabilities ("OMRDD"), or the Office of Alcoholism and Substance
Abuse Services ("OASAS"), are defended and indemnified by the State
against claims relating to optometrists' provision of such services.
The existing statutory defense and indemnification provisions apply to
licensed physicians, dentists, psychologists, nurses, licensed master
social workers, and licensed clinical social workers who are rendering
professional treatment at the request of these state agencies at their
facilities. Like those healthcare professionals, optometrists
currently provide eye care services to patients at state facilities,
including psychiatric hospitals administered by OMH. However, unlike
these other professionals, optometrists are not provided the same
statutory legal protection relating to defense and indemnification by
the State against allegations of civil wrongdoing. This bill would
address this omission and provide optometrists who perform
healthcare-related services at the request of OMH, OMRDD or OASAS with
the necessary legal protections that will enable them to continue to
conduct vital eye care services for patients at state facilities.

LEGISLATIVE HISTORY :
New Bill.

FISCAL IMPLICATIONS :
Little if any cost.

EFFECTIVE DATE :
Immediately.
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