senate Bill S7357A

2017-2018 Legislative Session

Relates to improper practices relating to staff membership or professional privileges of a physician and such physician's board certification

download bill text pdf

Sponsored By

Current Bill Status - In Senate Health Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2018 print number 7357a
May 03, 2018 amend and recommit to health
Jan 09, 2018 referred to health

S7357 - Details

See Assembly Version of this Bill:
A4914B
Law Section:
Public Health Law
Laws Affected:
Amd §§2801-b & 4406-d, Pub Health L; amd §4803, Ins L

S7357 - Summary

Relates to improper practices relating to staff membership or professional privileges of a physician and such physician's board certification.

S7357 - Sponsor Memo

S7357 - Bill Text download pdf

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

                                  7357

                            I N  S E N A T E

                             January 9, 2018
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health

AN ACT to amend the public health law and the insurance law, in relation
  to improper practices relating to  staff  membership  or  professional
  privileges of a physician and board certification

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 2801-b of the public  health  law,
as  amended  by  chapter  605 of the laws of 2008, is amended to read as
follows:
  1. It shall be an improper practice for the governing body of a hospi-
tal to refuse to act upon an application for staff membership or profes-
sional privileges or to deny or withhold from a  physician,  podiatrist,
optometrist,  dentist  or  licensed  midwife staff membership or profes-
sional privileges in a hospital, or to exclude  or  expel  a  physician,
podiatrist,  optometrist, dentist or licensed midwife from staff member-
ship in a hospital or curtail, terminate or diminish in any way a physi-
cian's, podiatrist's, optometrist's,  dentist's  or  licensed  midwife's
professional  privileges  in  a  hospital,  without  stating the reasons
therefor, or if the reasons stated are unrelated to standards of patient
care, patient welfare, the objectives of the institution or the  charac-
ter or competency of the applicant. It shall be an improper practice for
a  governing  body of a hospital to refuse to act upon an application or
to deny or to withhold staff membership or professional privileges to  a
podiatrist  based solely upon a practitioner's category of licensure. IT
SHALL BE AN IMPROPER PRACTICE FOR A GOVERNING  BODY  OF  A  HOSPITAL  TO
REFUSE  TO  ACT  UPON  AN  APPLICATION  OR  TO DENY OR TO WITHHOLD STAFF
MEMBERSHIP OR PROFESSIONAL PRIVILEGES OF A PHYSICIAN SOLELY BECAUSE SUCH
PHYSICIAN IS NOT BOARD-CERTIFIED.
  S 2. Paragraph (a) of subdivision 1 of section 4406-d  of  the  public
health law, as amended by chapter 425 of the laws of 2016, is amended to
read as follows:
  (a)  A  health  care  plan  shall,  upon  request,  make available and
disclose to health care professionals written application procedures and

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

S7357A (ACTIVE) - Details

See Assembly Version of this Bill:
A4914B
Law Section:
Public Health Law
Laws Affected:
Amd §§2801-b & 4406-d, Pub Health L; amd §4803, Ins L

S7357A (ACTIVE) - Summary

Relates to improper practices relating to staff membership or professional privileges of a physician and such physician's board certification.

S7357A (ACTIVE) - Sponsor Memo

S7357A (ACTIVE) - Bill Text download pdf

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

                                 7357--A

                            I N  S E N A T E

                             January 9, 2018
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the insurance law, in relation
  to  improper  practices  relating  to staff membership or professional
  privileges of a physician and board certification

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 2801-b of the public health law,
as amended by chapter 605 of the laws of 2008, is  amended  to  read  as
follows:
  1. It shall be an improper practice for the governing body of a hospi-
tal to refuse to act upon an application for staff membership or profes-
sional  privileges  or to deny or withhold from a physician, podiatrist,
optometrist, dentist or licensed midwife  staff  membership  or  profes-
sional  privileges  in  a  hospital, or to exclude or expel a physician,
podiatrist, optometrist, dentist or licensed midwife from staff  member-
ship in a hospital or curtail, terminate or diminish in any way a physi-
cian's,  podiatrist's,  optometrist's,  dentist's  or licensed midwife's
professional privileges in  a  hospital,  without  stating  the  reasons
therefor, or if the reasons stated are unrelated to standards of patient
care,  patient welfare, the objectives of the institution or the charac-
ter or competency of the applicant. It shall be an improper practice for
a governing body of a hospital to refuse to act upon an  application  or
to  deny or to withhold staff membership or professional privileges to a
podiatrist based solely upon a practitioner's category of licensure.  IT
SHALL  BE  AN  IMPROPER  PRACTICE  FOR A GOVERNING BODY OF A HOSPITAL TO
REFUSE TO ACT UPON AN APPLICATION  OR  TO  DENY  OR  TO  WITHHOLD  STAFF
MEMBERSHIP  OR PROFESSIONAL PRIVILEGES OF A PHYSICIAN WHO WAS PREVIOUSLY
BOARD-CERTIFIED AND WHO HAS NOT  MAINTAINED  SUCH  CERTIFICATION  SOLELY
BECAUSE SUCH PHYSICIAN IS NOT BOARD-CERTIFIED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09068-07-8

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