senate Bill S5280

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
May 13, 2019 advanced to third reading
May 08, 2019 2nd report cal.
May 07, 2019 1st report cal.626
Apr 23, 2019 referred to health

Votes

view votes

May 7, 2019 - Health committee Vote

S5280
11
3
committee
11
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: May 7, 2019

aye wr (1)

S5280 (ACTIVE) - Details

See Assembly Version of this Bill:
A5140
Current Committee:
Senate Rules
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
2017-2018: S7357, A4914

S5280 (ACTIVE) - Summary

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

S5280 (ACTIVE) - Sponsor Memo

S5280 (ACTIVE) - Bill Text download pdf


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

                                  5280

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 23, 2019
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed 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 WHO WAS  PREVIOUSLY
BOARD-CERTIFIED  AND  WHO  HAS  NOT MAINTAINED SUCH CERTIFICATION SOLELY
BECAUSE SUCH PHYSICIAN IS NOT BOARD-CERTIFIED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09133-01-9

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