Senate Bill S7854

Signed By Governor
2013-2014 Legislative Session

Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • 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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2013-S7854 (ACTIVE) - Details

See Assembly Version of this Bill:
A7558
Law Section:
Public Health Law
Laws Affected:
Amd ยง230, Pub Health L

2013-S7854 (ACTIVE) - Summary

Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.

2013-S7854 (ACTIVE) - Sponsor Memo

2013-S7854 (ACTIVE) - Bill Text download pdf

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

                                  7854

                            I N  S E N A T E

                              June 14, 2014
                               ___________

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

AN ACT to amend the public health law, in relation  to  the  identifica-
  tion, charging, reporting and investigation of charges of professional
  misconduct by health care professionals

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

  Section 1. Section 230 of the public health law is amended by adding a
new subdivision 9-b to read as follows:
  9-B. NEITHER THE BOARD FOR PROFESSIONAL MEDICAL CONDUCT NOR THE OFFICE
OF PROFESSIONAL MEDICAL CONDUCT  SHALL  IDENTIFY,  CHARGE,  OR  CAUSE  A
REPORT  MADE  TO  THE  DIRECTOR  OF SUCH OFFICE TO BE INVESTIGATED BASED
SOLELY UPON THE RECOMMENDATION OR PROVISION OF A TREATMENT MODALITY BY A
LICENSEE THAT IS NOT UNIVERSALLY ACCEPTED  BY  THE  MEDICAL  PROFESSION,
INCLUDING  BUT  NOT LIMITED TO, VARYING MODALITIES USED IN THE TREATMENT
OF LYME DISEASE AND OTHER TICK-BORNE DISEASES. AS USED IN THIS  SUBDIVI-
SION  THE TERM "LICENSEE" SHALL MEAN A PHYSICIAN, PHYSICIAN'S ASSISTANT,
AND SPECIALIST'S ASSISTANT. WHEN A LICENSEE, ACTING IN  ACCORDANCE  WITH
PARAGRAPH   E   OF   SUBDIVISION  FOUR  OF  SECTION  SIXTY-FIVE  HUNDRED
TWENTY-SEVEN OF THE EDUCATION LAW, RECOMMENDS OR  PROVIDES  A  TREATMENT
MODALITY  THAT EFFECTIVELY TREATS HUMAN DISEASE, PAIN, INJURY, DEFORMITY
OR PHYSICAL CONDITION, THE RECOMMENDATION OR PROVISION OF THAT  MODALITY
SHALL  NOT, BY ITSELF, CONSTITUTE PROFESSIONAL MISCONDUCT. THIS PROHIBI-
TION SHALL NOT EXONERATE SUCH LICENSEE FROM OTHERWISE APPLICABLE PROFES-
SIONAL REQUIREMENTS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15605-01-4


              

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