S T A T E O F N E W Y O R K
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5124--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
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Introduced by M. of A. PAULIN, BENEDETTO -- Multi-Sponsored by -- M. of
A. HIKIND, HOOPER -- read once and referred to the Committee on Health
-- recommitted to the Committee on Health in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to retail clinics and
limited services clinics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
230-e to read as follows:
S 230-E. RETAIL CLINICS. 1. AS USED IN THIS SECTION, "RETAIL CLINIC"
MEANS A FACILITY OR PORTION OF A FACILITY, REGARDLESS OF OWNERSHIP OR
FORM OF ORGANIZATION, THAT PROVIDES HEALTH CARE SERVICES OR TREATMENT
(OTHER THAN PHARMACY) PROVIDED BY A HEALTH CARE PRACTITIONER LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, THAT:
(A) IS WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A PHAR-
MACY, A STORE OPEN TO THE GENERAL PUBLIC OR A SHOPPING MALL; (B) IS
LABELED, BRANDED, ADVERTISED OR MARKETED WITH THE NAME OR SYMBOL OF A
RETAIL BUSINESS ENTITY; OR (C) IS LABELED, BRANDED, ADVERTISED OR
MARKETED WITH THE NAME OR SYMBOL OF A BUSINESS ENTITY, OTHER THAN A
BUSINESS ENTITY THAT PROVIDES HEALTH CARE SERVICES OR TREATMENT PROVIDED
AT THE FACILITY. HOWEVER, A FACILITY OR PORTION OF A FACILITY SHALL NOT
BE DEEMED TO BE A RETAIL CLINIC IF IT ORDINARILY IS USED ONLY FOR
PROVIDING HEALTH CARE SERVICES TO EMPLOYEES OF THE RETAIL BUSINESS OPER-
ATION.
2. THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED BY A RETAIL CLINIC
SHALL BE LIMITED TO THE PROVISION OF TREATMENT AND SERVICES ON AN
UNSCHEDULED BASIS TO PATIENTS FOR ACUTE EPISODIC ILLNESS OR CONDITION;
EPISODIC PREVENTIVE TREATMENT AND SERVICES SUCH AS IMMUNIZATIONS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05351-06-4
A. 5124--A 2
OPHTHALMIC DISPENSING AND OPHTHALMOLOGIC OR OPTOMETRIC SERVICES PROVIDED
IN CONNECTION WITH OPHTHALMIC DISPENSING; OR TREATMENT AND SERVICES FOR
MINOR TRAUMAS THAT ARE NOT REASONABLY LIKELY TO BE LIFE-THREATENING OR
POTENTIALLY DISABLING IF AMBULATORY CARE WITHIN THE CAPACITY OF THE
RETAIL CLINIC IS PROVIDED; BUT SHALL NOT INCLUDE MONITORING OR TREATMENT
AND SERVICES OVER PROLONGED PERIODS.
3. A RETAIL CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER" FOR
THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAPTER. A PRESCRIBER
PRACTICING IN A RETAIL CLINIC SHALL NOT BE DEEMED TO BE IN THE EMPLOY OF
A PHARMACY OR PRACTICING IN A HOSPITAL FOR PURPOSES OF SUBDIVISION TWO
OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW.
4. THE COMMISSIONER SHALL MAKE REGULATIONS SETTING FORTH OPERATIONAL
AND PHYSICAL PLANT STANDARDS FOR RETAIL CLINICS, INCLUDING, BUT NOT
LIMITED TO: REQUIRING ACCREDITATION; DESIGNATING OR LIMITING THE TREAT-
MENTS AND SERVICES THAT MAY BE PROVIDED; PROHIBITING THE PROVISION OF
SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUNGER; THE PROVISION
OF SPECIFIC IMMUNIZATIONS TO PATIENTS YOUNGER THAN EIGHTEEN YEARS OF
AGE; AND REQUIREMENTS OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLO-
SURE OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING, REFERRAL
FOR TREATMENT AND CONTINUITY OF CARE, CASE REPORTING TO THE PATIENT'S
PRIMARY CARE OR OTHER HEALTH CARE PROVIDERS, DESIGN, CONSTRUCTION,
FIXTURES, AND EQUIPMENT. SUCH REGULATIONS ALSO SHALL PROMOTE AND
STRENGTHEN PRIMARY CARE THROUGH: (A) THE INTEGRATION OF SERVICES
PROVIDED BY LIMITED SERVICES CLINICS WITH THE SERVICES PROVIDED BY THE
PATIENT'S OTHER HEALTH CARE PROVIDERS; AND (B) THE REFERRAL OF PATIENTS
TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION
OF PATIENT HEALTH RECORDS.
5. THIS SECTION DOES NOT AUTHORIZE ANY FORM OF OWNERSHIP OR ORGANIZA-
TION OF A RETAIL CLINIC OR PRACTICE OF ANY PROFESSION THAT WOULD NOT
OTHERWISE BE LEGAL, AND DOES NOT EXPAND THE SCOPE OF PRACTICE OF ANY
HEALTH CARE PRACTITIONER. WHERE ANY REGULATION UNDER THIS SECTION WOULD
AFFECT THE SCOPE OF PRACTICE OF A HEALTH CARE PRACTITIONER LICENSED,
REGISTERED, CERTIFIED OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION
LAW, THE REGULATION SHALL BE MADE WITH THE CONCURRENCE OF THE COMMIS-
SIONER OF EDUCATION.
S 2. Section 2801-a of the public health law is amended by adding a
new subdivision 17 to read as follows:
17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE HEALTH
CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A
PHARMACY, A STORE OPEN TO THE GENERAL PUBLIC OR A SHOPPING MALL, OR
WITHIN SPACE USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO
ITS EMPLOYEES, MAY BE OPERATED BY LEGAL ENTITIES FORMED UNDER THE LAWS
OF NEW YORK WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, ARE NOT
NATURAL PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLI-
CABLE, AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS
OF THIS SECTION AND DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE
IN DELIVERING HIGH QUALITY HEALTH CARE SERVICES. IN ADDITION, A GENERAL
HOSPITAL, A DIAGNOSTIC AND TREATMENT CENTER, AND ANY ENTITY THAT COULD
OTHERWISE OWN A DIAGNOSTIC AND TREATMENT CENTER, MAY OWN A LIMITED
SERVICES CLINIC. SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED
TO IN THIS SECTION AS "LIMITED SERVICES CLINICS". FOR PURPOSES OF THIS
SUBDIVISION, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL ADOPT
AND AMEND RULES AND REGULATIONS, NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO
THE ESTABLISHMENT OF LIMITED SERVICES CLINICS; PROVIDED THAT SUCH RULES
A. 5124--A 3
AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERN-
ING OR RELATING TO: (I) ANY DIRECT OR INDIRECT CHANGES OR TRANSFERS OF
OWNERSHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES OR THEIR STOCK-
HOLDERS OR MEMBERS, AS APPLICABLE, AND PROVIDE FOR PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTERESTS,
PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS;
(II) OVERSIGHT OF THE OPERATOR AND ITS SHAREHOLDERS OR MEMBERS, AS
APPLICABLE, INCLUDING LOCAL GOVERNANCE OF THE LIMITED SERVICES CLINICS;
AND (III) RELATING TO THE CHARACTER AND COMPETENCE AND QUALIFICATIONS
OF, AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS OF THE OPERATOR
AND ITS PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR
SPONSORS.
(B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH
(A) OF SUBDIVISION THREE OF THIS SECTION; (II) PARAGRAPH (B) OF SUBDIVI-
SION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND MEMBERS OTHER
THAN PRINCIPAL STOCKHOLDERS AND PRINCIPAL MEMBERS; (III) PARAGRAPH (C)
OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE DISPOSITION OF
STOCK OR VOTING RIGHTS; AND (IV) PARAGRAPH (E) OF SUBDIVISION FOUR OF
THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK OR MEMBERSHIP.
(C) A LIMITED SERVICES CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER. A PRESCRIBER PRACTICING IN A LIMITED SERVICES CLINIC SHALL NOT BE
DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
EDUCATION LAW.
(D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA-
TIONAL AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO: REQUIRING ACCREDI-
TATION; DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE
PROVIDED; PROHIBITING THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR
MONTHS OF AGE OR YOUNGER; THE PROVISION OF SPECIFIC IMMUNIZATIONS TO
PATIENTS YOUNGER THAN EIGHTEEN YEARS OF AGE; AND REQUIREMENTS OR GUIDE-
LINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE OF OWNERSHIP INTERESTS,
INFORMED CONSENT, RECORD KEEPING, REFERRAL FOR TREATMENT AND CONTINUITY
OF CARE, CASE REPORTING TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH
CARE PROVIDERS, DESIGN, CONSTRUCTION, FIXTURES, AND EQUIPMENT. SUCH
REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH: (I)
THE INTEGRATION OF SERVICES PROVIDED BY LIMITED SERVICES CLINICS WITH
THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND
(II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS,
INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
(E) WHERE A LIMITED SERVICES CLINIC IS A RETAIL CLINIC UNDER SECTION
TWO HUNDRED THIRTY-E OF THIS CHAPTER, IT SHALL BE SUBJECT TO THAT
SECTION IN ADDITION TO THIS SUBDIVISION.
S 3. This act shall take effect one year after it shall have become a
law; provided that effective immediately, the commissioner of health
shall make regulations and take other actions reasonably necessary to
implement the provisions of the public health law enacted by this act
when they take effect.