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

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 approval memo.27
signed chap.532
Dec 05, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading cal.646
substituted for a7558b
Jun 18, 2014 referred to health
delivered to assembly
passed senate
ordered to third reading cal.1571
Jun 14, 2014 referred to rules

Votes

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Co-Sponsors

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S7854 - Details

See Assembly Version of this Bill:
A7558B
Law Section:
Public Health Law
Laws Affected:
Amd ยง230, Pub Health L

S7854 - Summary

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

S7854 - Sponsor Memo

S7854 - 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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