Senate Bill S1406

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1406
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  reporting  inci-
   dents of possible professional misconduct
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Clara's Law".
   § 2. Subdivision 1 of section 2803-e of  the  public  health  law,  as
 added  by  chapter  866  of the laws of 1980, is amended by adding a new
 paragraph (c) to read as follows:
   (C) HOSPITALS AND OTHER FACILITIES APPROVED PURSUANT TO  THIS  ARTICLE
 SHALL  MAKE  A REPORT OR CAUSE A REPORT TO BE MADE WITHIN THIRTY DAYS OF
 EVERY SEPARATE ALLEGATION OF A SEXUAL OFFENSE, AS DEFINED IN ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW, BY A  HEALTH  CARE  PRACTITIONER  WHICH
 INVOLVES A PATIENT.
   §  3.  Subdivision  2  of  section 2803-e of the public health law, as
 amended by chapter 542 of the laws of 2000, is amended and a new  subdi-
 vision 4 is added to read as follows:
   2.  Reports  of possible professional misconduct made pursuant to this
 section shall be made  in  writing  to  the  education  department  with
 respect  to  all  individuals  licensed  pursuant  to title eight of the
 education law except that such reports shall be made to  the  department
 of health in the case of physicians, physician's assistants and special-
 ist's assistants. REPORTS FOR ALL ALLEGATIONS OF A SEXUAL OFFENSE PURSU-
 ANT  TO PARAGRAPH (C) OF THIS SECTION SHALL BE MADE TO THE DEPARTMENT OF
 HEALTH IN ADDITION TO THE EDUCATION DEPARTMENT WITH RESPECT TO ALL INDI-
 VIDUALS LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION  LAW.  Written
 reports shall include the following information:
   (a) name, address, profession and license number of the individual;
   (b)  a  description  of the action taken by the hospital including the
 reason for the action and the date thereof, or the nature of the  action
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04081-01-9

 S. 1406                             2
 
 or  conduct  which  led  to  the resignation or withdrawal, and the date
 thereof, stated with sufficient specificity to allow a reasonable person
 to understand which of the reasons enumerated in subdivision one of this
 section  led  to  the action of the hospital or the resignation or with-
 drawal of the individual, and, if the reason was an act or  omission  of
 the individual, the particular act or omission;
   (c) any criminal conviction of which the hospital has knowledge; and
   (d)  such other information as the education department or the depart-
 ment of health shall require.
   4. FOR PURPOSES OF THIS SECTION THE TERM  "HEALTH  CARE  PRACTITIONER"
 SHALL MEAN A PERSON LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED TO PRAC-
 TICE UNDER TITLE EIGHT OF THE EDUCATION LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.