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

                                  2137

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law and the education law, in relation  to
  establishing  a  physician  recredentialing  program and requiring all
  physicians to carry malpractice insurance

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

  Section  1. The executive law is amended by adding a new article 38 to
read as follows:
                                ARTICLE 38
                NEW YORK STATE BOARD FOR RECREDENTIALING
                    OF SELECTED PHYSICIAN SPECIALTIES
SECTION 866. NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED PHYSI-
               CIAN SPECIALTIES.
        867. POWERS AND DUTIES OF THE BOARD.
        868. REMEDIAL TRAINING PROGRAMS.
        869. JUDICIAL REVIEW.
  S 866. NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED  PHYSICIAN
SPECIALTIES.  1. THERE IS HEREBY CREATED IN THE EXECUTIVE DEPARTMENT THE
NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED PHYSICIAN  SPECIAL-
TIES.  THE BOARD SHALL CONSIST OF THE COMMISSIONERS OF HEALTH AND EDUCA-
TION AND FIVE OTHER MEMBERS TO BE APPOINTED BY  THE  GOVERNOR  WITH  THE
ADVICE  AND  CONSENT  OF  THE  SENATE. THE FIVE APPOINTED MEMBERS OF THE
BOARD SHALL CONSIST OF TWO PHYSICIANS BOARD CERTIFIED IN  OBSTETRICS-GY-
NECOLOGY,  A  PHYSICIAN  BOARD  CERTIFIED IN ANESTHESIOLOGY, A PHYSICIAN
BOARD CERTIFIED IN PEDIATRICS AND ONE MEMBER APPOINTED TO REPRESENT  THE
INTERESTS  OF  THE  GENERAL PUBLIC. THE TERM OF OFFICE OF EACH APPOINTED
MEMBER SHALL BE THREE YEARS. ANY MEMBER  APPOINTED  TO  FILL  A  VACANCY
OCCURRING  OTHERWISE THAN BY EXPIRATION OF A TERM SHALL BE APPOINTED FOR
THE REMAINDER OF THE UNEXPIRED TERM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08812-01-9

              

S. 2137                             2

  2. THE CHAIRPERSON SHALL BE  APPOINTED  FROM  THE  MEMBERSHIP  BY  THE
GOVERNOR AND SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR. THE FIVE
APPOINTED  MEMBERS  SHALL  BE  ENTITLED  TO  RECEIVE  REIMBURSEMENT  FOR
EXPENSES ACTUALLY AND NECESSARILY INCURRED IN  THE  PERFORMANCE  OF  ALL
DUTIES.
  3.  THE  COMMISSIONER OF HEALTH AND THE COMMISSIONER OF EDUCATION MAY,
BY OFFICIAL AUTHORITY FILED IN THEIR RESPECTIVE AGENCIES  AND  WITH  THE
BOARD,  DESIGNATE  A  DEPUTY  OR  OTHER OFFICER TO EXERCISE ANY POWER OR
PERFORM ANY DUTY, INCLUDING THE RIGHT TO VOTE, ON THE BOARD.
  4. NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER OF
THE BOARD FOR ANY ACT DONE, FAILURE TO  ACT,  OR  STATEMENT  OR  OPINION
MADE, WITHIN THE SCOPE OF HIS OR HER DUTIES AS A MEMBER OF THE BOARD.
  S  867.  POWERS AND DUTIES OF THE BOARD. THE BOARD FOR RECREDENTIALING
OF SELECTED PHYSICIAN SPECIALTIES SHALL HAVE  THE  FOLLOWING  FUNCTIONS,
POWERS AND DUTIES:
  1.  TO  RECREDENTIAL  ALL LICENSED PHYSICIANS WHO PRACTICE OBSTETRICS,
GYNECOLOGY, ANESTHESIOLOGY OR PEDIATRICS;
  2. TO DEVELOP MECHANISMS FOR RECREDENTIALING, INCLUDING  AS  APPROPRI-
ATE, SPECIALTY BOARD CERTIFICATION AND HOSPITAL PEER REVIEW PROCESSES;
  3.  TO  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
AND CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS  UNDER  THIS
ARTICLE;
  4.  TO  APPOINT  AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES AND
PRESCRIBE THEIR DUTIES AND QUALIFICATIONS;
  5. TO HOLD HEARINGS AND SUBPOENA WITNESSES  IN  THE  EXERCISE  OF  ITS
POWERS, FUNCTIONS AND DUTIES;
  6. TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
  7.  TO  CONTRACT  FOR  AND TO ACCEPT ANY ASSISTANCE, INCLUDING BUT NOT
LIMITED TO GIFTS, GRANTS, LOANS OF FUNDS OR OF PROPERTY FROM THE FEDERAL
GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY  AGENCY
OR  INSTRUMENTALITY  OF  THE  STATE, OR FROM ANY OTHER PUBLIC OR PRIVATE
SOURCE;
  8. TO GRANT, AS APPROPRIATE, TIME-LIMITED CERTIFICATIONS OF  RECREDEN-
TIALING; AND
  9.  TO  ADOPT, AMEND, OR REPEAL SUCH RULES AND REGULATIONS AS IT DEEMS
NECESSARY TO ADMINISTER THIS ARTICLE.
  S 868. REMEDIAL TRAINING PROGRAMS. 1.  PHYSICIANS  DETERMINED  BY  THE
BOARD  NOT TO QUALIFY FOR RECREDENTIALING SHALL BE REFERRED TO THE STATE
BOARD OF REGENTS. THE STATE BOARD  OF  REGENTS  MAY  GRANT  TIME-LIMITED
PERMITS TO ALLOW FOR A PERIOD OF REMEDIAL TRAINING.
  2.  DURING  THE TERM OF THE LIMITED PERMIT, THE PHYSICIAN SHALL ENGAGE
IN A REMEDIAL TRAINING PROGRAM DETERMINED BY THE BOARD.
  3. IN THE EVENT THAT A PHYSICIAN FAILS TO COMPLETE THE REMEDIAL TRAIN-
ING PROGRAM OR TO SATISFY THE BOARD THAT THE PHYSICIAN MEETS ITS  STAND-
ARDS FOR RECREDENTIALING, THE BOARD WILL REFER THE MATTER TO THE DEPART-
MENT  OF  HEALTH  FOR  CONSIDERATION OF ACTION REGARDING THE PHYSICIAN'S
LICENSE TO PRACTICE MEDICINE.
  S 869. JUDICIAL REVIEW. A DECISION BY THE BOARD SHALL  BE  SUBJECT  TO
JUDICIAL  REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
LAW AND RULES.
  S 2. The education law is amended by adding a new  section  6524-a  to
read as follows:
  S  6524-A.  RECREDENTIALING OF LICENSED PHYSICIANS. 1. COMMENCING JUNE
FIRST, TWO THOUSAND NINE, NO PHYSICIAN LESS THAN SEVENTY  YEARS  OF  AGE
MAY   PRACTICE  OBSTETRICS,  GYNECOLOGY,  ANESTHESIOLOGY  OR  PEDIATRICS
UNLESS, WITHIN THE PAST NINE YEARS, THE NEW YORK STATE BOARD FOR  RECRE-

S. 2137                             3

DENTIALING  OF  SELECTED  PHYSICIAN  SPECIALTIES  HAS CERTIFIED THAT THE
PHYSICIAN HAS MET THE REQUIREMENTS OF ARTICLE THIRTY-EIGHT OF THE EXECU-
TIVE LAW.
  2.  COMMENCING  JUNE FIRST, TWO THOUSAND NINE, NOTWITHSTANDING SECTION
TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, NO PHYSICIAN SEVENTY  YEARS
OF  AGE  OR OLDER MAY PRACTICE OBSTETRICS, GYNECOLOGY, ANESTHESIOLOGY OR
PEDIATRICS UNLESS, WITHIN THE PAST THREE YEARS, THE NEW YORK STATE BOARD
FOR RECREDENTIALING OF SELECTED PHYSICIAN SPECIALTIES HAS CERTIFIED THAT
THE PHYSICIAN HAS MET THE REQUIREMENTS OF ARTICLE  THIRTY-EIGHT  OF  THE
EXECUTIVE LAW.
  3.  COMMENCING JUNE FIRST, TWO THOUSAND NINE, NOTWITHSTANDING SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION, A PHYSICIAN WHO HAS NOT  BEEN  REGIS-
TERED  TO PRACTICE MEDICINE IN THE IMMEDIATE PRIOR BIENNIAL REGISTRATION
PERIOD OR WHO HAS NOT ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE FOR A
PERIOD EXCEEDING TWO YEARS  MAY  NOT  PRACTICE  OBSTETRICS,  GYNECOLOGY,
ANESTHESIOLOGY  OR PEDIATRICS UNLESS THE NEW YORK STATE BOARD FOR RECRE-
DENTIALING OF SELECTED PHYSICIAN  SPECIALTIES  HAS  CERTIFIED  THAT  THE
PHYSICIAN HAS MET THE REQUIREMENTS OF ARTICLE THIRTY-EIGHT OF THE EXECU-
TIVE LAW.
  S  3. Subdivision 1 of section 6525 of the education law is amended by
adding a new paragraph 4 to read as follows:
  (4) A PHYSICIAN WHO IS REQUIRED TO SATISFY A REMEDIAL TRAINING PROGRAM
REQUIRED BY THE NEW YORK STATE BOARD  FOR  RECREDENTIALING  OF  SELECTED
PHYSICIAN SPECIALTIES.
  S  4.  Section  6528  of  the education law is amended by adding a new
subdivision (f) to read as follows:
  (F) WHERE REQUIRED BY SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR-A OF THIS
ARTICLE, APPLICANTS MUST SATISFY THE REQUIREMENTS FOR  CERTIFICATION  BY
THE  NEW  YORK  STATE  BOARD  FOR  RECREDENTIALING OF SELECTED PHYSICIAN
SPECIALTIES PURSUANT TO ARTICLE THIRTY-EIGHT OF THE EXECUTIVE LAW.
  S 5. The education law is amended by adding a new  section  6527-a  to
read as follows:
  S  6527-A. MALPRACTICE INSURANCE REQUIRED. 1. EVERY PHYSICIAN LICENSED
TO PRACTICE MEDICINE IN THIS STATE SHALL  OBTAIN  AND  MAINTAIN  MEDICAL
MALPRACTICE  INSURANCE  AS DEFINED IN SECTION FIVE THOUSAND FIVE HUNDRED
ONE OF THE INSURANCE LAW.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION:
  A. LICENSED PHYSICIANS WHOSE PRACTICE IS LIMITED TO INSTRUCTION AND/OR
RESEARCH AND
  B. THOSE PERSONS PERMITTED LIMITED PRACTICE WITHOUT A LICENSE PURSUANT
TO SECTION SIXTY-FIVE HUNDRED  TWENTY-SIX  OF  THIS  ARTICLE,  SHALL  BE
EXEMPT FROM THE PROVISIONS OF THIS SECTION.
  S  6.  This act shall take effect June 1, 2009 provided, however, that
any rules or regulations necessary to implement the provisions  of  this
act shall be promulgated prior to such date.