assembly Bill A4914B

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2018 print number 4914b
May 03, 2018 amend and recommit to health
Jan 22, 2018 print number 4914a
Jan 22, 2018 amend and recommit to health
Jan 03, 2018 referred to health
Feb 06, 2017 referred to health

A4914 - Details

See Senate Version of this Bill:
S7357
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2801-b & 4406-d, Pub Health L; amd §4803, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8979
2015-2016: A5650
2019-2020: A5140, S5280

A4914 - Summary

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

A4914 - Bill Text download pdf


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

                                  4914

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09068-01-7

A4914A - Details

See Senate Version of this Bill:
S7357
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2801-b & 4406-d, Pub Health L; amd §4803, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8979
2015-2016: A5650
2019-2020: A5140, S5280

A4914A - Summary

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

A4914A - Bill Text download pdf


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

                                 4914--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09068-04-8

A4914B (ACTIVE) - Details

See Senate Version of this Bill:
S7357
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2801-b & 4406-d, Pub Health L; amd §4803, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8979
2015-2016: A5650
2019-2020: A5140, S5280

A4914B (ACTIVE) - Summary

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

A4914B (ACTIVE) - Bill Text download pdf


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

                                 4914--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, 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.

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