NY State Senate Bill 2017-S9132

Senate Bill S9132

2017-2018 Legislative Session

Requires certain health care providers to disclose the fact that the provider is on probation to current and new patients

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 11, 2018	referred to rules

2017-S9132 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §6511-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2635
2021-2022: S485

2017-S9132 (ACTIVE) - Summary

Requires certain health care providers to disclose the fact that the provider is on probation to current and new patients.

2017-S9132 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9132

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the education law, in relation to
requiring certain health care providers to disclose the fact that the
provider is on probation to current and new patients

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the education law by adding a new section
6511-a in relation to disclosure of probationary status.  Section 6511-a
details which health care providers this act concerns; provides defi-
nitions; specifies under what circumstances disclosure of probationary
status is required, as well as what information is to be disclosed to
current and new patients; stipulates that patients and patients' insur-
ance companies shall not be charged for appointments canceled upon being
provided with the disclosure; and provides penalties for non-compliance.

Section two of the bill is the effective date.

 
JUSTIFICATION:

The New York State Education Department (NYSED) and the New York State
Department of Health (NYSDOH) have procedures in place to investigate
reports of professional misconduct as well as to determine appropriate
disciplinary measures of licensed health care providers.  These proce-
dures are designed to protect New Yorkers from licensee misconduct;
however, a recent article (New York Allowed a Sexual Predator to Prac-
tice Medicine for Decades) documented the case of a physician licensed
in New York who, following multiple allegations of sexual misconduct
with patients, violated his probationary terms with unsuspecting
patients by examining female patients without a chaperone and committing
additional acts of sexual misconduct. NYSED and NYSDOH post information
on the license status of health care providers on their websites; howev-
er, all New Yorkers do not have access to the internet, and may not be
aware of the availability of this information. The purpose of this bill
is to further protect New Yorkers by requiring that licensees who are on
probation for specified reasons provide notification of their probation-
ary status prior to the first visit of current and new patients follow-
ing the probationary order.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
becomes law and shall apply to all probationary orders issued on or
after January 1, 2019.

2017-S9132 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9132
 
                             I N  S E N A T E
 
                               July 11, 2018
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law,  in  relation  to  requiring  certain
   health  care  providers  to  disclose the fact that the provider is on
   probation to current and new patients
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6511-a
 to read as follows:
   §  6511-A.  DISCLOSURE  OF PROBATIONARY STATUS.  (1) THE PROVISIONS OF
 THIS SECTION SHALL APPLY TO ANY  PERSON  LICENSED  UNDER  THE  FOLLOWING
 ARTICLES  OF  THIS TITLE: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
 THIRTY-ONE-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-TWO  (CHIROPRAC-
 TIC),  ONE  HUNDRED  THIRTY-THREE  (DENTISTRY  AND  DENTAL HYGIENE), ONE
 HUNDRED THIRTY-FOUR (LICENSED  PERFUSIONISTS),  ONE  HUNDRED  THIRTY-SIX
 (PHYSICAL  THERAPY AND PHYSICAL THERAPIST ASSISTANTS), ONE HUNDRED THIR-
 TY-NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY  PRACTICE),
 ONE  HUNDRED  FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY),
 ONE HUNDRED FIFTY-FIVE (MASSAGE THERAPY), ONE HUNDRED FIFTY-SIX (OCCUPA-
 TIONAL THERAPY),  ONE  HUNDRED  SIXTY  (ACUPUNCTURE),  AND  ONE  HUNDRED
 SIXTY-FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS).
   (2) AS USED IN THIS SECTION:
   (A)  "LICENSEE"  MEANS  ANY  PERSON  LICENSED TO PRACTICE A PROFESSION
 GOVERNED BY THE ARTICLES OF THIS TITLE LISTED IN SUBDIVISION ONE OF THIS
 SECTION; AND
   (B) "STATE BOARD" MEANS THE STATE BOARD FOR EACH  PROFESSION  GOVERNED
 BY  THE ARTICLES OF THIS TITLE LISTED IN SUBDIVISION ONE OF THIS SECTION
 AND APPOINTED BY THE BOARD OF REGENTS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED EIGHT OF THIS ARTICLE.
   (3)  EXCEPT  AS  PROVIDED  BY  SUBDIVISION  FIVE  OF THIS SECTION, THE
 DEPARTMENT AND THE APPLICABLE STATE BOARD SHALL REQUIRE  A  LICENSEE  TO
 DISCLOSE  THE  FOLLOWING ON A SEPARATE DOCUMENT: HIS OR HER PROBATIONARY
 STATUS; THE CAUSE OR CAUSES FOR PROBATION ALLEGED IN THE ACCUSATION, THE
 STATEMENT OF THE ISSUES, OR THE LEGAL CONCLUSIONS OF  AN  ADMINISTRATIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15819-05-8

 S. 9132                             2
 
 LAW  JUDGE;  THE  LENGTH OF THE PROBATION AND THE END DATE; ALL PRACTICE
 RESTRICTIONS PLACED ON THE LICENSEE BY THE BOARD;  THE  ADDRESS  OF  THE
 APPLICABLE  STATE  BOARD'S  INTERNET  WEBSITE;  AND THE APPLICABLE STATE
 BOARD'S  TELEPHONE  NUMBER  TO  A  CURRENT OR NEW PATIENT, THE PATIENT'S
 GUARDIAN OR THE PATIENT'S HEALTH CARE SURROGATE PRIOR TO  THE  PATIENT'S
 FIRST  VISIT  FOLLOWING  THE PROBATIONARY ORDER WHILE THE LICENSEE IS ON
 PROBATION PURSUANT TO A PROBATIONARY ORDER MADE AFTER JANUARY FIRST, TWO
 THOUSAND EIGHTEEN, IN ANY OF THE CIRCUMSTANCES LISTED IN PARAGRAPH  (A),
 (B),  (C)  OR  (D) OF THIS SUBDIVISION. SUCH WRITTEN DISCLOSURE SHALL BE
 PROVIDED TO THE PATIENT, THE PATIENT'S GUARDIAN OR THE PATIENT'S  HEALTH
 CARE  SURROGATE  IN  THE LICENSEE'S OFFICE PRIOR TO THE TIME THE PATIENT
 ENTERS THE EXAMINATION ROOM AND THE EXAMINATION OR TREATMENT  COMMENCES.
 THE  LICENSEE  SHALL  PROVIDE THE DISCLOSURE UNDER THE FOLLOWING CIRCUM-
 STANCES:
   (A) AN ACCUSATION AGAINST THE  LICENSEE  ALLEGES,  A  COMPLAINT  FILED
 AGAINST  THE LICENSEE INDICATES, OR THE LEGAL CONCLUSIONS OF AN ADMINIS-
 TRATIVE LAW JUDGE FIND THAT THE LICENSEE IS IMPLICATED  IN  ANY  OF  THE
 FOLLOWING:
   (I) GROSS NEGLIGENCE;
   (II)  REPEATED  NEGLIGENT ACTS INVOLVING A DEPARTURE FROM THE STANDARD
 OF CARE WITH MULTIPLE PATIENTS;
   (III) DRUG OR ALCOHOL ABUSE THAT  THREATENS  TO  IMPAIR  A  LICENSEE'S
 ABILITY  TO  RENDER  PATIENT CARE SAFELY, INCLUDING PRACTICING UNDER THE
 INFLUENCE OF DRUGS OR ALCOHOL;
   (IV) FELONY CONVICTION ARISING FROM OR OCCURRING DURING  PATIENT  CARE
 OR TREATMENT; OR
   (V)  MENTAL  ILLNESS  OR  OTHER  COGNITIVE  IMPAIRMENT  THAT IMPEDES A
 LICENSEE'S ABILITY TO SAFELY RENDER PATIENT CARE.
   (B) THE APPLICABLE  STATE  BOARD  ORDERED  ANY  OF  THE  FOLLOWING  IN
 CONJUNCTION WITH PLACING THE LICENSEE ON PROBATION:
   (I) THAT A THIRD-PARTY CHAPERONE BE PRESENT WHEN THE LICENSEE EXAMINES
 PATIENTS AS A RESULT OF SEXUAL MISCONDUCT;
   (II)  THAT  THE LICENSEE SUBMIT TO DRUG TESTING AS A RESULT OF DRUG OR
 ALCOHOL ABUSE; AND/OR
   (III) THAT THE LICENSEE HAVE A MONITOR.
   (C) THE LICENSEE HAS NOT SUCCESSFULLY COMPLETED A TRAINING PROGRAM  OR
 ANY  ASSOCIATED  EXAMINATIONS  REQUIRED  BY  THE BOARD AS A CONDITION OF
 PROBATION.
   (D) THE LICENSEE HAS BEEN ON PROBATION MORE THAN ONCE.
   (4) THE LICENSEE SHALL OBTAIN  FROM  EACH  PATIENT  A  SIGNED  RECEIPT
 FOLLOWING  THE DISCLOSURE DESCRIBED IN SUBDIVISION THREE OF THIS SECTION
 THAT INCLUDES A WRITTEN EXPLANATION OF HOW THE PATIENT CAN FIND  FURTHER
 INFORMATION  ON THE LICENSEE'S PROBATION ON THE APPLICABLE STATE BOARD'S
 INTERNET WEBSITE.
   (5) THE LICENSEE SHALL NOT BE REQUIRED TO PROVIDE THE DISCLOSURE PRIOR
 TO THE VISIT AS REQUIRED BY SUBDIVISION THREE OF  THIS  SECTION  IF  THE
 VISIT OCCURS IN AN EMERGENCY ROOM, THE PATIENT IS INCAPACITATED, AND THE
 PATIENT'S  GUARDIAN  OR THE PATIENT'S HEALTH CARE SURROGATE IS NOT PRES-
 ENT.
   (6) IF A PATIENT, THE PATIENT'S GUARDIAN, OR THE PATIENT'S HEALTH CARE
 SURROGATE ELECTS TO CANCEL THE PATIENT'S APPOINTMENT WITH  THE  LICENSEE
 UPON BEING PROVIDED WITH THE DISCLOSURE REQUIRED BY SUBDIVISION THREE OF
 THIS  SECTION,  NEITHER  THE PATIENT NOR THE PATIENT'S INSURANCE COMPANY
 SHALL BE CHARGED FOR THE APPOINTMENT.
   (7) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS  SECTION  SHALL  BE
 SUBJECT  TO A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS. ANY PERSON WHO

 S. 9132                             3
 
 COMMITS SUBSEQUENT, WILLFUL VIOLATIONS OF THE PROVISIONS OF THIS SECTION
 SHALL HAVE HIS OR HER LICENSE SUSPENDED FOR  A  PERIOD  OF  TIME  TO  BE
 DETERMINED BY THE COMMISSIONER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law and shall apply to all probationary orders
 issued on or after January 1, 2019. 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 on or before such effective date.

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