Senate Bill S3465

2011-2012 Legislative Session

Provides that the director of the office of professional medical conduct shall meet with complainants to review materials to be considered in charges of misconduct

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Feb 23, 2011	referred to health

2011-S3465 (ACTIVE) - Details

See Assembly Version of this Bill:: A102
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §230, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8461, A194
2013-2014: S2066, A6629
2015-2016: S2605, A9595
2017-2018: A2057

2011-S3465 (ACTIVE) - Summary

Provides that the director of the office of professional medical conduct shall meet with complainants, when requested by the complainant, to review materials to be considered by the board for professional medical conduct when considering complaints of misconduct.

2011-S3465 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3465

TITLE OF BILL:
An act
to amend the public health law, in relation to investigations of
professional medical conduct

PURPOSE:
To allow citizens greater input and participation in the process by
which complaints to the board for professional medical conduct are
handled and evaluated.

SUMMARY OF PROVISIONS:
Section one amends subparagraph (i) of paragraph (a) of subdivision 10
of section 230 of the public health law, as amended by chapter 542 of
the laws of 2000. This adds the provision that the director of the
office of professional medical conduct shall meet with a complainant
when so requested by the complainant, to review materials that are
offered to support a case for review by the board for professional
medical conduct.

Section two amends paragraph (e) of subdivision 10 of section 230 of
the public health law, as amended by chapter 606 of the laws of 1991.
This provision requires that 25% of the members of the committee on
professional conduct be comprised of non-medical personnel, to insure
a more diverse committee to review such complaints.

JUSTIFICATION:
The board of professional medical conduct is the administrative entity
responsible for reviewing and acting on complaints of medical
misconduct. Generally, individuals who are affected by what they
consider to be medical misconduct, reaching a level identifiable as
medical malpractice, seek redress through the courts in a tort
action. In some cases, however, the degree of suffering or financial
loss is not sufficient to achieve a successful legal result in the
courts; in these cases, an individual is left with submission of a
complaint with the state's office of professional medical conduct as
their only alternative course of action. This legislation is provided
to assure that such complaints are handled thoroughly with an
opportunity for the
complainant to be fully heard, and to require that those hearing the
complaint include nonmedical personnel, to insure a diversity of
experience among those hearing the complaint.

These provisions would allow an individual to meet in person with the
director of the office of professional misconduct to present evidence
supporting that person's claim of medical misconduct. Present
provisions allow for all such review to be completed without any
direct meeting with the complainant; information that cannot be
easily placed in writing can be provided by the complainant to help
the director make the best possible decision on whether a full
hearing is warranted on the complaint. Further, providing that at
least 25% membership of the committee on professional conduct be
non-medical personnel allows for a balance in experience and
perspective for the deliberations of the committee in assessing these
complaints.


LEGISLATIVE HISTORY:
2007-08: A.9602 (Latimer) Referred to Health
2009-10: A.194 (Latimer) Referred to Health,
         S.8461 (Oppenheimer) Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
60 days after the bill becomes law, with provisions.

2011-S3465 (ACTIVE) - Bill Text download pdf

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

                                  3465

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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 investigations  of
  professional medical conduct

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

  Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  10  of
section  230  of the public health law, as amended by chapter 542 of the
laws of 2000, is amended to read as follows:
  (i) The board for professional medical conduct, by the director of the
office of professional medical conduct, may investigate on its  own  any
suspected  professional misconduct, and shall investigate each complaint
received regardless of the source.    THE  DIRECTOR  OF  THE  OFFICE  OF
PROFESSIONAL  MEDICAL  CONDUCT,  WHEN  REQUESTED BY A COMPLAINANT, SHALL
MEET WITH THE COMPLAINANT TO REVIEW MATERIALS TO BE  CONSIDERED  BY  THE
BOARD  IN  ITS  REVIEW OF SUSPECTED PROFESSIONAL MEDICAL MISCONDUCT. The
director of the office of professional medical  conduct  shall  cause  a
preliminary  review  of  every report made to the department pursuant to
section twenty-eight hundred three-e as added by chapter  eight  hundred
sixty-six  of the laws of nineteen hundred eighty, sections twenty-eight
hundred five-l and  forty-four  hundred  five-b  of  this  chapter,  and
section three hundred fifteen of the insurance law, to determine if such
report  reasonably  appears  to  reflect  physician  conduct  warranting
further investigation pursuant to this subparagraph.
  S 2. Paragraph (e) of subdivision 10 of  section  230  of  the  public
health law, as amended by chapter 606 of the laws of 1991, is amended to
read as follows:
  (e)  Committee  hearing. The hearing shall be conducted by a committee
on professional conduct.  AT LEAST TWENTY-FIVE PERCENT OF SUCH COMMITTEE
SHALL BE NON-MEDICAL PERSONNEL. The members  of  the  hearing  committee
shall  be  appointed by the chairperson of the board who shall designate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00287-01-1

S. 3465                             2

the committee chairperson. In addition to said  committee  members,  the
commissioner  shall  designate  an  administrative  officer, admitted to
practice as an attorney in the state of New York,  who  shall  have  the
authority to rule on all motions, including motions to compel disclosure
of  information or material claimed to be protected because of privilege
or confidentiality, procedures and  other  legal  objections  and  shall
draft the conclusions of the hearing committee pursuant to paragraph (g)
OF THIS SUBDIVISION.  The administrative officer shall have the authori-
ty  to  rule  on  objections  to  questions posed by either party or the
committee members.  The administrative officer shall not be entitled  to
vote.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law. Provided, that effective immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed  to  be  made and completed by the commissioner of health on or
before such effective date; and provided, further, that  the  amendments
to subparagraph (i) of paragraph (a) of subdivision 10 of section 230 of
the  public  health law made by section one of this act shall not affect
the expiration of such paragraph and shall be deemed  to  expire  there-
with.

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Senate Bill S3465

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Archive: Last Bill Status - In Senate Committee Health Committee

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2011-S3465 (ACTIVE) - Details

2011-S3465 (ACTIVE) - Summary

2011-S3465 (ACTIVE) - Sponsor Memo

2011-S3465 (ACTIVE) - Bill Text download pdf

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2011-S3465 (ACTIVE) - Details

2011-S3465 (ACTIVE) - Summary

2011-S3465 (ACTIVE) - Sponsor Memo

2011-S3465 (ACTIVE) - Bill Text download pdf

Comments