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Senate Bill S5002

Vetoed By Governor

2009-2010 Legislative Session

Prohibits hospitals from denying staff membership or professional privileges to psychologists without cause

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Archive: Last Bill Status Via A1729 - Vetoed by Governor

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2009-S5002 (ACTIVE) - Details

See Assembly Version of this Bill:
A1729
Law Section:
Public Health Law
Laws Affected:
Amd ยง2801-b, Pub Health L

2009-S5002 (ACTIVE) - Summary

Prohibits hospitals from denying staff membership or professional privileges to any psychologist without stating the reasons therefor; provides that such reasons must be related to standards of patient care, patient welfare, the objectives of the hospital, or the character or competency of the psychologist.

2009-S5002 (ACTIVE) - Sponsor Memo

2009-S5002 (ACTIVE) - Bill Text download pdf 

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

                                  5002

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed 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
health  council, or by the council to the governing body or complainant,

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

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