S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3870
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ, GALEF, PERRY -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to full and good faith participation in peer review activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 2805-m of the public health
 law,  as amended by chapter 808 of the laws of 1987, are amended to read
 as follows:
   1. The information required to be collected and maintained pursuant to
 [sections twenty-eight hundred five-j and] SECTION twenty-eight  hundred
 five-k  of  this  article,  reports required to be submitted pursuant to
 section twenty-eight hundred five-l of this  article  and  any  incident
 reporting  requirements  imposed  upon  diagnostic and treatment centers
 pursuant to the provisions of this chapter shall  be  kept  confidential
 and shall not be released except to the department or pursuant to subdi-
 vision four of section twenty-eight hundred five-k of this article.
   2.  Notwithstanding  any other provisions of law, none of the records,
 documentation or committee  actions  or  records  required  pursuant  to
 [sections  twenty-eight hundred five-j and] SECTION twenty-eight hundred
 five-k of this article, the reports required pursuant to  section  twen-
 ty-eight  hundred  five-l  of  this  article  nor any incident reporting
 requirements imposed upon diagnostic and treatment centers  pursuant  to
 the  provisions  of  this  chapter  shall be subject to disclosure under
 article six of the public officers law  or  article  thirty-one  of  the
 civil  practice  law  and  rules,  except  as hereinafter provided or as
 provided by any other provision of law. No person  in  attendance  at  a
 meeting  of  any  such committee shall be required to testify as to what
 transpired thereat. The prohibition relating to discovery  of  testimony
 shall  not  apply  to the statements made by any person in attendance at
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08197-01-9
              

 A. 3870                             2
 
 such a meeting who is a party to an action  or  proceeding  the  subject
 matter of which was reviewed at such meeting.
   §  2.  Section  6530  of  the education law is amended by adding a new
 subdivision 50 to read as follows:
   50. FAILURE TO FULLY COOPERATE AND PARTICIPATE, REASONABLY AND IN GOOD
 FAITH, IN THE QUALITY ASSURANCE AND  PEER  REVIEW  PROGRAMS  ACTIVITIES,
 REQUIREMENTS  AND  PROCEDURES  COVERED  BY  SECTION TWENTY-EIGHT HUNDRED
 FIVE-J OF THE PUBLIC HEALTH LAW.
   § 3. Subdivision 1 of section 2805-k of  the  public  health  law,  as
 amended  by chapter 485 of the laws of 1986, paragraph (f) as amended by
 chapter 477 of the laws of 2008 and paragraph (g) as relettered by chap-
 ter 786 of the laws of 1992, is amended to read as follows:
   1. Prior to granting or renewing professional  privileges  or  associ-
 ation  of  any  physician,  dentist or podiatrist or hiring a physician,
 dentist or podiatrist, a hospital or facility approved pursuant to  this
 article  shall request from the physician, dentist or podiatrist and the
 physician, dentist or  podiatrist  shall  be  required  to  provide  the
 following information:
   (a)  The  name of any hospital or facility with or at which the physi-
 cian, dentist or podiatrist had  or  has  any  association,  employment,
 privileges or practice;
   (b)  Where  such  association,  employment,  privilege or practice was
 discontinued, the reasons for its discontinuation;
   (c) Any pending professional medical, dental or  podiatric  misconduct
 proceedings  or any pending medical malpractice actions in this state or
 another state, the substance of the allegations in such  proceedings  or
 actions,  and  any additional information concerning such proceedings or
 actions as the physician, dentist or podiatrist may deem appropriate;
   (d) The substance of the findings in such actions or  proceedings  and
 any additional information concerning such actions or proceedings as the
 physician, dentist or podiatrist may deem appropriate;
   (e)  A waiver by the physician, dentist or podiatrist of any confiden-
 tiality provisions concerning the information required to be provided to
 hospitals pursuant to this subdivision; [and]
   (f) Documentation  that  the  physician,  dentist  or  podiatrist  has
 completed the course work or training as mandated by section two hundred
 thirty-nine  of this chapter or section six thousand five hundred five-b
 of the education law. A hospital or facility shall not  grant  or  renew
 professional  privileges  or  association  to  a  physician, dentist, or
 podiatrist who has not completed such course work or training[.];
   (g) DOCUMENTATION THAT THE PHYSICIAN, DENTIST OR PODIATRIST AGREES  TO
 FULL,  GOOD FAITH COOPERATION AND PARTICIPATION IN ANY PEER REVIEW PROC-
 ESS, AND TERMINATION OF ALL PRIVILEGES, INCLUDING  EMPLOYMENT,  IF  SUCH
 PHYSICIAN,  DENTIST  OR  PODIATRIST FAILS TO FULLY COOPERATE AND PARTIC-
 IPATE; AND
   (H) A verification by the physician, dentist or  podiatrist  that  the
 information provided by the physician, dentist or podiatrist is true and
 accurate.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.