Assembly Bill A9595

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

                                  9595

                          I N  A S S E M B L Y

                             March 21, 2016
                               ___________

Introduced  by M. of A. MAYER -- read once and referred 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 11 of the
laws of 2015, is amended to read as follows:
  (i) (A) 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. By the
conclusion of a  preliminary  review,  including  an  internal  clinical
review,  the  director  shall determine if a report is 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 or other tick-borne diseases. Upon a determination by the direc-
tor  that  a  report  is  based solely upon the provision of a treatment
modality that is not universally accepted, no further  review  shall  be
conducted and no charges shall be brought. Nothing in this section shall
preclude  the  director  from making such a determination earlier in, or
subsequent to, a preliminary review. (B) 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 nine-
teen 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03678-03-6
              

A. 9595                             2

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
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.