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

                                  1729

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced by M. of A. GOTTFRIED, TOWNS, SCHROEDER -- Multi-Sponsored by
  --  M. of A. AUBRY, BOYLAND, DINOWITZ, GALEF -- read once and referred
  to the Committee on Health

AN ACT to amend the public health law, in relation to hospital access of
  psychologists

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

  Section 1. Subdivisions 1 and 3 of section 2801-b of the public health
law,  as amended by chapter 605 of the laws of 2008, are amended to read
as follows:
  1. It shall be an improper practice for the governing body of a hospi-
tal to refuse to act upon an application for staff membership or profes-
sional privileges or to deny or withhold from a  physician,  podiatrist,
optometrist,  dentist  [or],  licensed  midwife,  OR  PSYCHOLOGIST staff
membership or professional privileges in a hospital, or  to  exclude  or
expel  a  physician,  podiatrist,  optometrist,  dentist  [or], licensed
midwife OR PSYCHOLOGIST from staff membership in a hospital or  curtail,
terminate   or   diminish   in  any  way  a  physician's,  podiatrist's,
optometrist's, dentist's  [or],  licensed  midwife's  OR  PSYCHOLOGIST'S
professional  privileges  in  a  hospital,  without  stating the reasons
therefor, or if the reasons stated are unrelated to standards of patient
care, patient welfare, the objectives of the institution or the  charac-
ter or competency of the applicant. It shall be an improper practice for
a  governing  body of a hospital to refuse to act upon an application or
to deny or to withhold staff membership or professional privileges to  a
podiatrist based solely upon a practitioner's category of licensure.
  3.  After  the filing of any such complaint, the public health council
shall make a prompt investigation in connection therewith. In conducting
such investigation, the public health council is authorized  to  receive
reports  from the governing body of the hospital and the complainant, as
the case may be, and the furnishing of such information  to  the  public

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01103-01-9
              

A. 1729                             2

health  council, or by the council to the governing body or complainant,
shall not subject any person or hospital to any action  for  damages  or
other  relief. Such information when received by the public health coun-
cil,  or  its  authorized representative, shall be kept confidential and
shall be used solely for the purposes of this section and  the  improve-
ment  of  the standards of patient care and patient welfare. The records
of such proceedings shall not be admissible as  evidence  in  any  other
action  of  any  kind  in any court or before any other tribunal, board,
agency, or person. If the council shall determine  after  such  investi-
gation that cause exists for crediting the allegations of the complaint,
the  council shall promptly so advise the governing body of the hospital
against which the complaint was made, and shall direct that such govern-
ing body make a review of the actions of such body in denying  or  with-
holding staff membership or professional privileges from the complainant
physician,  podiatrist,  optometrist,  dentist [or], licensed midwife OR
PSYCHOLOGIST or in excluding or expelling  such  physician,  podiatrist,
optometrist,  dentist  [or], licensed midwife OR PSYCHOLOGIST from staff
membership or in curtailing, terminating or in any way diminishing  such
physician's,   podiatrist's,  optometrist's,  dentist's  [or],  licensed
midwife's OR PSYCHOLOGIST'S professional privileges in the hospital.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a  law,  provided,  that  the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of  the  provisions  of this act on its effective date is authorized and
directed to be completed on or before such date.