Senate Bill S2635

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2635
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08591-01-9

 S. 2635                             2
 
 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
 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  NINETEEN, 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

 S. 2635                             3
 
 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
 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, 2020. 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.