S T A T E O F N E W Y O R K
________________________________________________________________________
1576
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
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Introduced by M. of A. HAWLEY, FINCH -- Multi-Sponsored by -- M. of A.
BARCLAY, CROUCH, McDONOUGH, OAKS, SALADINO, THIELE -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing a
central registry of medical personnel terminated for cause
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
2827 to read as follows:
§ 2827. CENTRAL STATE REGISTRY OF EMPLOYEES OF MEDICAL FACILITIES
TERMINATED FOR CAUSE. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE DEPARTMENT IS AUTHORIZED TO AND SHALL ESTABLISH AND MAIN-
TAIN A CENTRAL STATE REGISTRY IDENTIFYING PERSONNEL EMPLOYED BY MEDICAL
FACILITIES WITHIN THE STATE WHO HAVE BEEN TERMINATED FROM THEIR EMPLOY-
MENT BY A MEDICAL FACILITY FOR CAUSE. THE REGISTRY SHALL MAINTAIN SUCH
INFORMATION AS THE COMMISSION REQUIRES, INCLUDING, AT A MINIMUM, THE
NAME, ADDRESS, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER OF EACH PERSON
SO TERMINATED, THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE TERMINATING
FACILITY, THE DATE AND REASONS FOR THE TERMINATION, AND, TO THE EXTENT
KNOWN BY THE MEDICAL FACILITY, WHETHER CRIMINAL CHARGES WERE FILED
AGAINST THE PERSON TERMINATED. THE DEPARTMENT SHALL CONTINUE TO MAINTAIN
IN THE REGISTRY THE INFORMATION REQUIRED TO BE KEPT PURSUANT TO THIS
SECTION FOR EMPLOYEES OF MEDICAL FACILITIES FOR A PERIOD OF NOT LESS
THAN FIVE YEARS FOLLOWING TERMINATION, RESIGNATION OR RETIREMENT, OR
FAILURE TO BE HIRED OR RENEWED AT WHICH TIME THE DEPARTMENT SHALL PURGE
FROM THE REGISTRY SUCH INFORMATION.
2. EACH MEDICAL FACILITY SHALL TRANSMIT THE REQUISITE INFORMATION, IN
SUCH FORM AS IS PRESCRIBED BY THE COMMISSIONER, TO THE DEPARTMENT, NO
LATER THAN THE FIFTEENTH CALENDAR DAY FOLLOWING THE TERMINATION OF
EMPLOYMENT OF ANY PERSON WHO WAS TERMINATED FOR CAUSE OR ANY PERSON WHO
RETIRED OR RESIGNED IN ORDER TO AVOID TERMINATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02291-01-7
A. 1576 2
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, MEDICAL FACILITIES
SHALL, UPON SUCH TERMS AND CONDITIONS AS THE DEPARTMENT SHALL BY RULES
AND REGULATIONS PRESCRIBE, HAVE TIMELY ACCESS TO INFORMATION CONTAINED
IN THE REGISTRY FOR THE PURPOSE OF MAKING SUCH INQUIRIES REGARDING
PERSONS WHO ARE PRESENTLY EMPLOYED BY THE MEDICAL FACILITY OR WHO HAVE
APPLIED FOR EMPLOYMENT WITH THE MEDICAL FACILITY.
4. THE INFORMATION REQUIRED TO BE SUBMITTED PURSUANT TO THIS SECTION
WHICH IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL SHALL BE KEPT CONFIDEN-
TIAL AND ALL OTHER INFORMATION SHALL BE RELEASED ONLY PURSUANT TO THE
PROVISIONS OF THIS SECTION. THE DEPARTMENT SHALL ESTABLISH RULES AND
REGULATIONS TO PROVIDE FOR A PERMANENT SYSTEM WHICH WILL ENSURE THE
SECURITY AND PRIVACY OF INFORMATION CONTAINED IN THE REGISTRY AND TO
ENSURE THAT SUCH INFORMATION IS MADE AVAILABLE ONLY FOR LEGITIMATE
PURPOSES TO QUALIFIED MEDICAL FACILITIES AS PROVIDED IN THIS SECTION.
5. AS USED IN THIS SECTION, "MEDICAL FACILITY" MEANS ANY HOSPITAL,
NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A HOME CARE SERVICE AGENCY
OR LIMITED HOME CARE SERVICE AGENCY AS DEFINED IN SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER.
§ 2. This act shall take effect January 1, 2019.