S T A T E O F N E W Y O R K
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4170
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
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Introduced by M. of A. SCARBOROUGH -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to allowing out-of-state
licensed health care professionals to perform services in this state
in certain limited circumstances and on a voluntary basis
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6526 of the education law is amended by adding a
new subdivision 10 to read as follows:
10. ANY PERSON WHO IS LICENSED TO PRACTICE AS A PHYSICIAN, PHYSICIAN'S
ASSISTANT, MASSAGE THERAPIST, PHYSICAL THERAPIST, CHIROPRACTOR, DENTIST,
DENTAL HYGIENIST, OPTOMETRIST, NURSE, OR NURSE PRACTITIONER IN ANOTHER
JURISDICTION AND WHO COMPLIES WITH SECTION SIXTY-FIVE HUNDRED
TWENTY-SIX-A OF THIS ARTICLE.
S 2. The education law is amended by adding a new section 6526-a to
read as follow:
S 6526-A. VOLUNTEER PROFESSIONALS. 1. SPONSORING ORGANIZATION
REQUIRED. PRIOR TO OFFERING ANY VOLUNTEER MEDICAL SERVICES, ANY PERSON
WHO IS LICENSED TO PRACTICE AS A PHYSICIAN, PHYSICIAN'S ASSISTANT,
MASSAGE THERAPIST, PHYSICAL THERAPIST, CHIROPRACTOR, DENTIST, DENTAL
HYGIENIST, OPTOMETRIST, NURSE, OR NURSE PRACTITIONER IN ANOTHER JURIS-
DICTION MUST FIRST ASSOCIATE WITH AND BE SPONSORED BY A REGISTERED SPON-
SORING ORGANIZATION AS SUCH ORGANIZATION IS DEFINED IN THIS SECTION.
2. REGISTRATION REQUIREMENTS AND REVOCATION. (A) BEFORE PROVIDING
VOLUNTEER MEDICAL SERVICES IN THIS STATE, A SPONSORING ORGANIZATION
SHALL REGISTER WITH THE DEPARTMENT OF HEALTH BY SUBMITTING A REGISTRA-
TION FEE OF FIFTY DOLLARS AND FILING A REGISTRATION FORM. THE FIFTY
DOLLAR REGISTRATION FEE SHALL NOT APPLY TO ANY SPONSORING ORGANIZATION
WHEN PROVIDING VOLUNTEER HEALTH CARE SERVICES IN CASES OF NATURAL OR
MAN-MADE DISASTERS. SUCH REGULATION FORM SHALL CONTAIN:
(I) THE NAME OF THE SPONSORING ORGANIZATION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02732-01-3
A. 4170 2
(II) THE NAME OF PRINCIPAL INDIVIDUAL OR INDIVIDUALS WHO ARE THE OFFI-
CERS OR ORGANIZATIONAL OFFICIALS RESPONSIBLE FOR THE OPERATION OF THE
SPONSORING ORGANIZATION;
(III) THE ADDRESS, INCLUDING STREET, CITY, ZIP CODE AND COUNTY, OF THE
SPONSORING ORGANIZATION'S PRINCIPAL OFFICE ADDRESS AND THE SAME ADDRESS
INFORMATION FOR EACH PRINCIPAL OR OFFICIAL LISTED IN SUBPARAGRAPH (II)
OF THIS PARAGRAPH;
(IV) TELEPHONE NUMBERS FOR THE PRINCIPAL OFFICE OF THE SPONSORING
AGENCY AND EACH PRINCIPAL OR OFFICIAL LISTED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH; AND
(V) SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT SHALL REQUIRE.
(B) UPON ANY CHANGE IN THE INFORMATION REQUIRED UNDER PARAGRAPH (A) OF
THIS SUBDIVISION, THE SPONSORING ORGANIZATION SHALL NOTIFY THE DEPART-
MENT IN WRITING OF SUCH CHANGE WITHIN THIRTY DAYS OF ITS OCCURRENCE.
(C) THE SPONSORING ORGANIZATION SHALL FILE A YEARLY VOLUNTARY SERVICES
REPORT WITH THE DEPARTMENT OF HEALTH THAT LISTS ALL LICENSED HEALTH CARE
PROVIDERS WHO PROVIDED VOLUNTARY HEALTH CARE SERVICES IN THIS STATE
DURING THE PRECEDING YEAR. THE SPONSORING ORGANIZATION SHALL MAINTAIN ON
FILE FOR FIVE YEARS FOLLOWING THE DATE OF SERVICE ADDITIONAL INFORMA-
TION, INCLUDING THE DATE, PLACE AND TYPE OF SERVICES PROVIDED.
(D) EACH SPONSORING ORGANIZATION SHALL MAINTAIN A LIST OF HEALTH CARE
PROVIDERS ASSOCIATED WITH ITS PROVISION OF VOLUNTARY HEALTH SERVICES.
FOR EACH SUCH HEALTH CARE PROVIDER, THE ORGANIZATION SHALL MAINTAIN A
COPY OF A CURRENT LICENSE, CERTIFICATE OR STATEMENT OF EXEMPTION FROM
LICENSURE OR CERTIFICATION OR, IN THE EVENT THAT THE HEALTH CARE PROVID-
ER IS CURRENTLY LICENSED IN THIS STATE, A COPY OF THE HEALTH CARE
PROVIDER'S LICENSE VERIFICATION OBTAINED FROM A STATE-SPONSORED WEB
SITE.
(E) THE SPONSORING ORGANIZATION SHALL MAINTAIN SUCH RECORDS FOR A
PERIOD OF AT LEAVE FIVE YEARS FOLLOWING THE PROVISION OF HEALTH CARE
SERVICES AND SHALL FURNISH SUCH RECORDS UPON REQUEST TO ANY REGULATORY
BOARD ESTABLISHED UNDER THIS TITLE.
(F) COMPLIANCE WITH PARAGRAPHS (A) AND (C) OF THIS SUBDIVISION SHALL
BE PRIMA FACIE EVIDENCE THAT THE SPONSORING ORGANIZATION HAS EXERCISED
DUE CARE IN ITS SELECTION OF HEALTH CARE PROVIDERS.
(G) THE DEPARTMENT MAY REVOKE THE REGISTRATION OF ANY SPONSORING
ORGANIZATION THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPHS
(A) THROUGH (E) OF THIS SUBDIVISION.
3. IMMUNITY FOR VOLUNTARY PROVISION OF HEALTH CARE SERVICES.
(A) NO PERSON WHO IS LICENSED, CERTIFIED OR AUTHORIZED BY THE BOARD OF
ANY OF THE PROFESSIONS OF THE HEALING ACTS, AS ENUMERATED IN THIS TITLE,
AND WHO ENGAGES IN THE VOLUNTARY PROVISION OF HEALTH CARE SERVICES WITH-
IN THE LIMITS OF THE PERSON'S LICENSE, CERTIFICATION OR AUTHORIZATION TO
ANY PATIENT OF A SPONSORING ORGANIZATION WITHIN THE MEANING OF THIS
SECTION, SHALL BE LIABLE FOR ANY CIVIL DAMAGES FOR ANY ACT OR OMISSION
RESULTING FROM THE RENDERING OF SUCH SERVICES, UNLESS THE ACT OR OMIS-
SION WAS THE RESULT OF SUCH PERSON'S GROSS NEGLIGENCE OR WILLFUL MISCON-
DUCT.
(B) THE VOLUNTEER LICENSEE WHO IS PROVIDING FREE CARE SHALL NOT
RECEIVE COMPENSATION OF ANY TYPE, DIRECTLY OR INDIRECTLY, OR ANY BENE-
FITS OF ANY TYPE WHATSOEVER, OR ANY CONSIDERATION OF ANY NATURE, FROM
ANYONE FOR SUCH FREE CARE, NOR SHALL SUCH SERVICES BE PART OF THE
PROVIDER'S TRAINING OR ASSIGNMENT.
(C) THE VOLUNTEER LICENSEE MUST BE ACTING WITHIN THE SCOPE OF SUCH
LICENSE, CERTIFICATION OR AUTHORITY.
A. 4170 3
(D) A HEALTH CARE LICENSEE PROVIDING FREE HEALTH CARE SHALL NOT ENGAGE
IN ACTIVITIES AT A CLINIC OR AT THE HEALTH CARE LICENSEE'S OFFICE, IF
THE ACTIVITIES ARE PERFORMED ON BEHALF OF THE SPONSORING ORGANIZATION,
UNLESS THOSE ACTIVITIES ARE AUTHORIZED BY THE APPROPRIATE AUTHORITIES TO
BE PERFORMED AT THE CLINIC OR OFFICE AND THE CLINIC OR OFFICE IS IN
COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS.
(E) FOR PURPOSES OF THIS SECTION, ANY COMMISSIONED OR CONTRACT MEDICAL
OFFICER OR DENTIST SERVING ON ACTIVE DUTY IN THE UNITED STATES ARMED
FORCES AND ASSIGNED TO DUTY AS A PRACTICING, COMMISSIONED OR CONTRACT
MEDICAL OFFICER OR DENTIST AT ANY MILITARY HOSPITAL OR MEDICAL FACILITY
OWNED AND OPERATED BY THE UNITED STATES GOVERNMENT SHALL BE DEEMED TO BE
LICENSED PURSUANT TO THIS SECTION.
S 3. This act shall take effect immediately.