BILL NUMBER:  S1657

 TITLE OF BILL :
An act to amend the public officers law, in relation to
indemnification of students of the state university of New York who
participate in required course activity at sites of affiliates


 PURPOSE OR GENERAL IDEA OF BILL :
To extend the provisions of section 17 of the public officers law to
students who are enrolled in required clinical programs as part of
their course of study.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends subdivision 1 of section 17 of the public officers
law to add a new paragraph (w) to extend State defense and indemnity
to students of the State University who are required, as part of
course work, to participate in clinical programs at sites of
affiliates, with respect to acts or omissions alleged to have occurred
during the course of such clinical participation. Section 2 provides
for an immediate effective date.

 JUSTIFICATION :
Under current law, the state defends and indemnifies state employees,
appointees, and volunteers who participate in state-sponsored
volunteer programs, as well as directors, officers and employees of
              

certain state-related entities enumerated in the statute. This bill
would add students of the State University who are required to
participate in clinical programs at sites of affiliates to the
definition of "employee" for the purposes indemnification.

The State University currently obtains liability insurance for any
students enrolled in clinical course work at an affiliate's site.
There are approximately 10,000 students enrolled in clinical programs
throughout the state. The cost of liability insurance has escalated
dramatically from $180,000 in 1994 to over $753,000 in 2004. At the
same time there have been fewer than 10 claims filed against such
students for injuries sustained to patients during clinical training
and have amounted to less than $200,000 in the aggregates

 PRIOR LEGISLATIVE HISTORY :

2005-06: A.8325/S.4651 Referred to Gov Ops/Senate Finance
2007-08: A.2061/S.931  Referred to Gov Ops/Senate Finance

 FISCAL IMPLICATIONS :
Significant savings to the State University in that their liability
insurance costs for these students would be eliminated.

 EFFECTIVE DATE :
Immediately.