Senate Bill S596

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    596
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, KAVANAGH, KRUEGER, MONTGOMERY, SEPULVEDA --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Health
 
 AN ACT to amend the public health law, the education law and  the  labor
   law,  in relation to prohibiting participation in torture and improper
   treatment of prisoners by health care professionals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  policy and intent. This legislation is based
 on, and is intended to give effect to, international treaties and stand-
 ards; federal, state and local law; and professional standards  relating
 to  torture, improper treatment of prisoners, and related matters. It is
 guided by two basic principles: (1) health care professionals  shall  be
 dedicated  to  providing  the  highest  standard  of  health  care, with
 compassion and respect for human dignity and rights; and (2) torture and
 improper treatment of prisoners are  wrong  and  inconsistent  with  the
 practice  of the health care professions. The legislature finds that the
 conduct prohibited by this act violates  the  ethical  and  legal  obli-
 gations  of  licensed  health care professionals.  This legislation will
 further protect the professionalism of New York  state  licensed  health
 care  professionals  by  authorizing  and  obligating  them to refuse to
 participate in torture and improper treatment  of  prisoners,  which  in
 turn  will  protect  the  life and health of the people of the state and
 those with whom New York licensed health care professionals interact.  A
 health care professional who comes to the aid of a prisoner  should  not
 be  presumed to be in violation when she or he is fulfilling the ethical
 principle of beneficence. In contrast, a health care  professional  who,
 for example, attends to a prisoner in order to allow torture or improper
 treatment  to  commence  or  continue is not acting beneficently.   Such
 practices are inconsistent with professional ethics  and  standards  and
 are  violations  of  this legislation.   The legislature is mindful that
 ordinarily there are limits on New York state's jurisdiction relating to
 conduct outside the state or under federal  authority.  However,  it  is
 proper  for  the state to regulate health care professional licensure in
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03431-01-9

 S. 596                              2
 
 relation to a professional's conduct,  even  where  the  conduct  occurs
 outside  the  state;  certain  wrongful  out-of-state conduct is already
 grounds for professional discipline. Therefore, it is the  legislature's
 intent that this legislation be applied to the fullest extent possible.
   §  2.  The  public health law is amended by adding a new section 25 to
 read as follows:
   § 25. PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF  PRISONERS  BY
 HEALTH CARE PROFESSIONALS.  1. DEFINITIONS. AS USED IN THIS SECTION, THE
 TERMS "TORTURE" AND "IMPROPER TREATMENT" SHALL BE INTERPRETED IN ACCORD-
 ANCE  WITH APPLICABLE LAW, INCLUDING INTERNATIONAL TREATIES TO WHICH THE
 UNITED STATES IS A PARTY.  HOWEVER, FOR THE PURPOSES OF THIS SECTION, IT
 SHALL NOT BE AN ELEMENT OF EITHER "TORTURE" OR "IMPROPER TREATMENT" THAT
 SUCH ACTS BE COMMITTED BY A GOVERNMENT OR NON-GOVERNMENT ACTOR,  ENTITY,
 OR  OFFICIAL;  UNDER COLOR OF LAW; OR NOT UNDER COLOR OF LAW. AS USED IN
 THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOW-
 ING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "HEALTH CARE PROFESSIONAL" MEANS ANY PERSON LICENSED,  REGISTERED,
 CERTIFIED, OR EXEMPT TO PRACTICE UNDER (I) ANY OF THE FOLLOWING ARTICLES
 OF  THE  EDUCATION  LAW:  ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
 THIRTY-ONE-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-ONE-C  (SPECIAL-
 IST  ASSISTANTS),  ONE  HUNDRED  THIRTY-TWO  (CHIROPRACTIC), ONE HUNDRED
 THIRTY-THREE (DENTISTRY AND  DENTAL  HYGIENE),  ONE  HUNDRED  THIRTY-SIX
 (PHYSICAL  THERAPY AND PHYSICAL THERAPIST ASSISTANTS), ONE HUNDRED THIR-
 TY-SEVEN (PHARMACY), ONE  HUNDRED  THIRTY-NINE  (NURSING),  ONE  HUNDRED
 FORTY  (PROFESSIONAL  MIDWIFERY  PRACTICE  ACT),  ONE  HUNDRED FORTY-ONE
 (PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY), ONE HUNDRED  FORTY-FOUR
 (OPHTHALMIC  DISPENSING),  ONE  HUNDRED  FIFTY-THREE  (PSYCHOLOGY),  ONE
 HUNDRED FIFTY-FOUR (SOCIAL WORK), ONE HUNDRED FIFTY-FIVE (MASSAGE THERA-
 PY), ONE HUNDRED FIFTY-SIX (OCCUPATIONAL THERAPY),  ONE  HUNDRED  FIFTY-
 SEVEN (DIETETICS AND NUTRITION), ONE HUNDRED FIFTY-NINE (SPEECH-LANGUAGE
 PATHOLOGISTS  AND  AUDIOLOGISTS),  ONE  HUNDRED SIXTY (ACUPUNCTURE), ONE
 HUNDRED SIXTY-THREE (MENTAL HEALTH PRACTITIONERS),  ONE  HUNDRED  SIXTY-
 FOUR  (RESPIRATORY  THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS), ONE
 HUNDRED SIXTY-FIVE (CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT), OR ONE
 HUNDRED SIXTY-SIX (MEDICAL PHYSICS PRACTICE), OR  (II)  ARTICLE  THIRTY-
 FIVE OF THIS CHAPTER (PRACTICE OF RADIOLOGIC TECHNOLOGY).
   (B)  "TORTURE"  MEANS  ANY  INTENTIONAL ACT OR INTENTIONAL OMISSION BY
 WHICH SEVERE PAIN OR SUFFERING, WHETHER PHYSICAL OR MENTAL, IS INFLICTED
 ON A PERSON FOR SUCH PURPOSES AS OBTAINING FROM THE  PERSON  OR  FROM  A
 THIRD  PERSON  INFORMATION  OR A CONFESSION, PUNISHING THE PERSON FOR AN
 ACT THE PERSON OR A THIRD PERSON HAS COMMITTED (INCLUDING THE HOLDING OF
 A BELIEF OR MEMBERSHIP IN ANY GROUP) OR IS SUSPECTED OF  HAVING  COMMIT-
 TED,  OR  INTIMIDATING  OR COERCING THE PERSON OR A THIRD PERSON, OR FOR
 ANY REASON BASED ON DISCRIMINATION OF ANY KIND.   IT  DOES  NOT  INCLUDE
 PAIN OR SUFFERING ARISING ONLY FROM, INHERENT IN OR INCIDENTAL TO LAWFUL
 SANCTION.
   (C) "IMPROPER TREATMENT" MEANS (I) CRUEL, INHUMAN OR DEGRADING, TREAT-
 MENT  OR  PUNISHMENT AS DEFINED BY APPLICABLE INTERNATIONAL TREATIES AND
 THEIR CORRESPONDING INTERPRETING BODIES; OR CRUEL AND UNUSUAL PUNISHMENT
 AS DEFINED IN THE UNITED STATES  CONSTITUTION  OR  THE  NEW  YORK  STATE
 CONSTITUTION; OR (II) ANY VIOLATION OF SUBDIVISION THREE OR FOUR OF THIS
 SECTION.
   (D)  "PRISONER"  MEANS  ANY  PERSON  WHO  IS  SUBJECT  TO  PUNISHMENT,
 DETENTION,  INCARCERATION,  INTERROGATION,  INTIMIDATION  OR   COERCION,
 REGARDLESS OF WHETHER SUCH ACTION IS PERFORMED OR COMMITTED BY A GOVERN-

 S. 596                              3
 
 MENT  OR  NON-GOVERNMENT ACTOR, ENTITY, OR OFFICIAL; UNDER COLOR OF LAW;
 OR NOT UNDER COLOR OF LAW.
   (E)  TO  "ADVERSELY  AFFECT"  A  PERSON'S PHYSICAL OR MENTAL HEALTH OR
 CONDITION DOES NOT INCLUDE CAUSING ADVERSE EFFECTS THAT MAY  ARISE  FROM
 TREATMENT OR CARE WHEN THAT TREATMENT OR CARE IS PERFORMED IN ACCORDANCE
 WITH  GENERALLY  APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AND
 FOR THE PURPOSES OF EVALUATING, TREATING, PROTECTING  OR  IMPROVING  THE
 PERSON'S HEALTH.
   (F)  "INTERROGATION" MEANS THE QUESTIONING RELATED TO LAW ENFORCEMENT,
 THE ENFORCEMENT OF RULES OR  REGULATIONS  OF  AN  INSTITUTION  IN  WHICH
 PEOPLE  ARE DETAINED THROUGH THE CRIMINAL JUSTICE SYSTEM OR FOR MILITARY
 OR NATIONAL SECURITY REASONS (SUCH AS A JAIL OR OTHER DETENTION  FACILI-
 TY, POLICE FACILITY, PRISON, IMMIGRATION FACILITY, OR MILITARY FACILITY)
 OR  TO MILITARY AND NATIONAL SECURITY INTELLIGENCE GATHERING, WHETHER BY
 A GOVERNMENT OR NON-GOVERNMENT  ACTOR,  ENTITY  OR  OFFICIAL.  "INTERRO-
 GATION"  SHALL ALSO INCLUDE QUESTIONING TO AID OR ACCOMPLISH ANY ILLEGAL
 ACTIVITY OR PURPOSE, WHETHER BY A GOVERNMENT  OR  NON-GOVERNMENT  ACTOR,
 ENTITY OR OFFICIAL. INTERROGATIONS ARE DISTINCT FROM QUESTIONING USED BY
 HEALTH  CARE PROFESSIONALS TO ASSESS THE PHYSICAL OR MENTAL CONDITION OF
 AN INDIVIDUAL.
   2. KNOWLEDGE. IT SHALL BE AN ELEMENT OF ANY VIOLATION OF THIS  SECTION
 THAT  THE  ACTOR  KNEW  OR  REASONABLY SHOULD HAVE KNOWN THAT HIS OR HER
 CONDUCT IS OF THE KIND PROHIBITED UNDER  THIS  SECTION.  A  HEALTH  CARE
 PROFESSIONAL  WHO RECEIVES INFORMATION THAT INDICATES THAT A PRISONER AS
 DEFINED BY THIS SECTION IS BEING, MAY IN THE  FUTURE  BE,  OR  HAS  BEEN
 SUBJECTED  TO  TORTURE OR IMPROPER TREATMENT, MUST USE DUE DILIGENCE, IN
 ORDER TO ASSESS THE NATURE OF HIS OR HER  CONDUCT  AS  COVERED  BY  THIS
 SECTION.
   3. GENERAL OBLIGATIONS OF HEALTH CARE PROFESSIONALS.  (A) EVERY HEALTH
 CARE  PROFESSIONAL SHALL PROVIDE EVERY PRISONER UNDER HIS OR HER PROFES-
 SIONAL CARE WITH CARE OR TREATMENT CONSISTENT WITH GENERALLY  APPLICABLE
 LEGAL, HEALTH AND PROFESSIONAL STANDARDS TO THE EXTENT THAT HE OR SHE IS
 REASONABLY  ABLE  TO DO SO UNDER THE CIRCUMSTANCES, INCLUDING PROTECTING
 THE CONFIDENTIALITY OF PATIENT INFORMATION.
   (B) IN ALL CLINICAL ASSESSMENTS RELATING TO A  PRISONER,  WHETHER  FOR
 THERAPEUTIC  OR  EVALUATIVE  PURPOSES,  HEALTH  CARE PROFESSIONALS SHALL
 EXERCISE THEIR PROFESSIONAL JUDGMENT INDEPENDENT OF THE INTERESTS  OF  A
 GOVERNMENT OR OTHER THIRD PARTY.
   4.  CERTAIN  CONDUCT  OF HEALTH CARE PROFESSIONALS PROHIBITED.  (A) NO
 HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR  SKILLS  IN
 RELATION  TO,  ENGAGE  IN ANY PROFESSIONAL RELATIONSHIP WITH, OR PERFORM
 PROFESSIONAL SERVICES IN RELATION TO ANY PRISONER UNLESS THE PURPOSE  IS
 SOLELY  TO  EVALUATE,  TREAT, PROTECT, OR IMPROVE THE PHYSICAL OR MENTAL
 HEALTH OR CONDITION OF THE PRISONER (EXCEPT AS  PERMITTED  BY  PARAGRAPH
 (B) OR (C) OF SUBDIVISION FIVE OF THIS SECTION).
   (B)  NO HEALTH CARE PROFESSIONAL SHALL ENGAGE, DIRECTLY OR INDIRECTLY,
 IN ANY ACT WHICH CONSTITUTES PARTICIPATION IN, COMPLICITY IN, INCITEMENT
 TO, ASSISTANCE IN, PLANNING OR DESIGN OF, OR ATTEMPT  OR  CONSPIRACY  TO
 COMMIT  TORTURE OR IMPROPER TREATMENT OF A PRISONER. PROHIBITED FORMS OF
 ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
   (I) PROVIDING MEANS, KNOWLEDGE OR SKILLS, INCLUDING CLINICAL  FINDINGS
 OR  TREATMENT,  WITH THE INTENT TO FACILITATE THE PRACTICE OF TORTURE OR
 IMPROPER TREATMENT;
   (II) PERMITTING HIS OR HER KNOWLEDGE, SKILLS OR CLINICAL  FINDINGS  OR
 TREATMENT  TO  BE  USED  IN  THE  PROCESS OF OR TO FACILITATE TORTURE OR
 IMPROPER TREATMENT;

 S. 596                              4
 
   (III) EXAMINING, EVALUATING, OR TREATING A PRISONER TO CERTIFY WHETHER
 TORTURE OR IMPROPER TREATMENT CAN BEGIN, BE CONTINUED, OR BE RESUMED;
   (IV) BEING PRESENT WHILE TORTURE OR IMPROPER TREATMENT IS BEING ADMIN-
 ISTERED;
   (V)  OMITTING OR SUPPRESSING INDICATIONS OF TORTURE OR IMPROPER TREAT-
 MENT FROM RECORDS OR REPORTS; AND
   (VI) ALTERING HEALTH CARE RECORDS OR REPORTS TO HIDE, MISREPRESENT  OR
 DESTROY EVIDENCE OF TORTURE OR IMPROPER TREATMENT.
   (C)  NO  HEALTH  CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR
 SKILLS OR PERFORM ANY PROFESSIONAL SERVICE IN ORDER  TO  ASSIST  IN  THE
 PUNISHMENT,  DETENTION,  INCARCERATION,  INTIMIDATION,  OR COERCION OF A
 PRISONER WHEN SUCH ASSISTANCE IS PROVIDED IN A MANNER THAT MAY ADVERSELY
 AFFECT THE PHYSICAL OR  MENTAL  HEALTH  OR  CONDITION  OF  THE  PRISONER
 (EXCEPT AS PERMITTED BY PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF THIS
 SECTION).
   (D) NO HEALTH CARE PROFESSIONAL SHALL PARTICIPATE IN THE INTERROGATION
 OF A PRISONER, INCLUDING BEING PRESENT IN THE INTERROGATION ROOM, ASKING
 OR  SUGGESTING  QUESTIONS, ADVISING ON THE USE OF SPECIFIC INTERROGATION
 TECHNIQUES, MONITORING THE INTERROGATION, OR MEDICALLY OR PSYCHOLOGICAL-
 LY EVALUATING A PERSON FOR THE PURPOSE OF IDENTIFYING POTENTIAL INTERRO-
 GATION METHODS OR STRATEGIES. HOWEVER, THIS PARAGRAPH SHALL  NOT  BAR  A
 HEALTH CARE PROFESSIONAL FROM ENGAGING IN CONDUCT UNDER PARAGRAPH (D) OF
 SUBDIVISION FIVE OF THIS SECTION.
   5.  CERTAIN  CONDUCT  OF HEALTH CARE PROFESSIONALS PERMITTED. A HEALTH
 CARE PROFESSIONAL MAY ENGAGE IN THE FOLLOWING CONDUCT SO LONG AS IT DOES
 NOT VIOLATE SUBDIVISION THREE OR FOUR  OF  THIS  SECTION,  IT  DOES  NOT
 ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF A PRISON-
 ER OR POTENTIAL SUBJECT, AND IS NOT OTHERWISE UNLAWFUL:
   (A) APPROPRIATELY PARTICIPATING OR AIDING IN THE INVESTIGATION, PROSE-
 CUTION, OR DEFENSE OF A CRIMINAL, ADMINISTRATIVE OR CIVIL MATTER;
   (B)  PARTICIPATING  IN AN ACT THAT RESTRAINS A PRISONER OR TEMPORARILY
 ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF  A  PRISONER,  WHERE  THE  ACT
 COMPLIES WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STAND-
 ARDS,  IS NECESSARY FOR THE PROTECTION OF THE PHYSICAL OR MENTAL HEALTH,
 CONDITION OR SAFETY OF THE PRISONER, OTHER PRISONERS, OR PERSONS  CARING
 FOR, GUARDING OR CONFINING THE PRISONER;
   (C)  CONDUCTING  BONA  FIDE  HUMAN SUBJECT RESEARCH IN ACCORDANCE WITH
 GENERALLY ACCEPTED LEGAL, HEALTH AND PROFESSIONAL  STANDARDS  WHERE  THE
 RESEARCH  INCLUDES  SAFEGUARDS  FOR  HUMAN  SUBJECTS EQUIVALENT TO THOSE
 REQUIRED BY FEDERAL LAW, INCLUDING INFORMED  CONSENT  AND  INSTITUTIONAL
 REVIEW BOARD APPROVAL WHERE APPLICABLE;
   (D)  TRAINING  RELATED TO THE FOLLOWING PURPOSES, SO LONG AS IT IS NOT
 PROVIDED IN SUPPORT OF SPECIFIC ONGOING OR ANTICIPATED INTERROGATIONS:
   (I) RECOGNIZING AND RESPONDING TO  PERSONS  WITH  PHYSICAL  OR  MENTAL
 ILLNESS OR CONDITIONS,
   (II) THE POSSIBLE PHYSICAL AND MENTAL EFFECTS OF PARTICULAR TECHNIQUES
 AND CONDITIONS OF INTERROGATION, OR
   (III)  THE  DEVELOPMENT  OF  EFFECTIVE  INTERROGATION  STRATEGIES  NOT
 INVOLVING THE PRACTICE OF TORTURE OR IMPROPER TREATMENT.
   6. DUTY TO REPORT. A  HEALTH  CARE  PROFESSIONAL  WHO  HAS  REASONABLE
 GROUNDS  (NOT BASED SOLELY ON PUBLICLY AVAILABLE INFORMATION) TO BELIEVE
 THAT TORTURE, IMPROPER TREATMENT OR OTHER CONDUCT IN VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, IS OCCURRING, OR WILL OCCUR SHALL, AS SOON AS IS
 POSSIBLE WITHOUT JEOPARDIZING THE PHYSICAL SAFETY OF HIMSELF OR HERSELF,
 THE PRISONER, OR OTHER PARTIES, REPORT SUCH CONDUCT TO:

 S. 596                              5
 
   (A) A GOVERNMENT AGENCY THAT THE HEALTH CARE  PROFESSIONAL  REASONABLY
 BELIEVES  HAS  LEGAL  AUTHORITY TO PUNISH OR PREVENT THE CONTINUATION OF
 TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN  VIOLATION
 OF THIS SECTION AND IS REASONABLY LIKELY TO ATTEMPT TO DO SO; OR
   (B)  A  GOVERNMENTAL  OR  NON-GOVERNMENTAL ENTITY THAT THE HEALTH CARE
 PROFESSIONAL REASONABLY BELIEVES WILL NOTIFY SUCH A GOVERNMENT AGENCY OF
 THE TORTURE OR THE IMPROPER  TREATMENT  OF  A  PRISONER  OR  CONDUCT  IN
 VIOLATION  OF  THIS SECTION OR TAKE OTHER ACTION TO PUBLICIZE OR PREVENT
 SUCH TORTURE, TREATMENT OR CONDUCT; AND
   (C) IN ADDITION TO REPORTING UNDER PARAGRAPH (A) OR (B) OF THIS SUBDI-
 VISION: (I) IN THE CASE OF AN ALLEGED VIOLATION BY A HEALTH CARE PROFES-
 SIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED  THIR-
 TY-ONE-B  OR  ONE  HUNDRED  THIRTY-ONE-C  OF THE EDUCATION LAW, A REPORT
 SHALL BE FILED WITH THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT; AND (II)
 IN THE CASE OF AN ALLEGED VIOLATION BY ANY  OTHER  HEALTH  CARE  PROFES-
 SIONAL LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCA-
 TION LAW, A REPORT SHALL BE FILED WITH THE OFFICE OF PROFESSIONAL DISCI-
 PLINE;  PROVIDED  THAT FOR THE PURPOSE OF THIS PARAGRAPH, WHERE A PERSON
 HOLDS A LICENSE, REGISTRATION OR  CERTIFICATION  UNDER  THE  LAWS  OF  A
 JURISDICTION  OTHER  THAN THE STATE OF NEW YORK THAT IS FOR A PROFESSION
 SUBSTANTIALLY COMPARABLE TO ONE LISTED IN PARAGRAPH (A)  OF  SUBDIVISION
 ONE  OF  THIS  SECTION,  THE  PERSON SHALL BE DEEMED TO BE A HEALTH CARE
 PROFESSIONAL AND THE PERSON'S  LICENSE,  REGISTRATION  OR  CERTIFICATION
 SHALL  BE  DEEMED  TO BE UNDER THE APPROPRIATE ARTICLE OF TITLE EIGHT OF
 THE EDUCATION LAW.
   7. MITIGATION. THE FOLLOWING MAY BE  CONSIDERED  IN  FULL  OR  PARTIAL
 MITIGATION  OF  A  VIOLATION  OF THIS SECTION BY THE HEALTH CARE PROFES-
 SIONAL:
   (A) COMPLIANCE WITH SUBDIVISION SIX OF THIS SECTION; OR
   (B) COOPERATION IN GOOD FAITH WITH AN INVESTIGATION OF A VIOLATION  OF
 THIS SECTION.
   8.  APPLICABILITY.  THIS  SECTION  SHALL APPLY TO CONDUCT TAKING PLACE
 WITHIN OR OUTSIDE NEW YORK STATE, AND  WITHOUT  REGARD  TO  WHETHER  THE
 CONDUCT IS COMMITTED BY A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY, OFFI-
 CIAL, OR ACTOR OR UNDER ACTUAL OR ASSERTED COLOR OF LAW.
   9. SCOPE OF PRACTICE NOT EXPANDED. THIS SECTION SHALL NOT BE CONSTRUED
 TO EXPAND THE LAWFUL SCOPE OF PRACTICE OF ANY HEALTH CARE PROFESSIONAL.
   §  3.  Section  6509  of  the education law is amended by adding a new
 subdivision 15 to read as follows:
   (15) ANY VIOLATION OF SECTION TWENTY-FIVE OF  THE  PUBLIC  HEALTH  LAW
 (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
 BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
   §  4.  Section  6530  of  the education law is amended by adding a new
 subdivision 50 to read as follows:
   50. ANY VIOLATION OF SECTION TWENTY-FIVE  OF  THE  PUBLIC  HEALTH  LAW
 (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
 BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
   §  5.  Paragraphs  (b)  and (c) of subdivision 2 of section 740 of the
 labor law, as added by chapter 660 of the laws of 1984, are amended  and
 a new paragraph (d) is added to read as follows:
   (b)  provides  information  to,  or  testifies before, any public body
 conducting an investigation, hearing or inquiry into any such  violation
 of a law, rule or regulation by such employer; [or]
   (c) objects to, or refuses to participate in any such activity, policy
 or practice in violation of a law, rule or regulation[.]; OR

 S. 596                              6
 
   (D)  REPORTS  OR  THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-
 FIVE OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN  TORTURE  OR
 IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS).
   §  6. Subdivision 3 of section 740 of the labor law, as added by chap-
 ter 660 of the laws of 1984, is amended to read as follows:
   3. Application. The protection against  retaliatory  personnel  action
 provided  by paragraph (a) of subdivision two of this section pertaining
 to disclosure to a public body shall not apply to an employee who  makes
 such  disclosure  to  a  public body unless the employee has brought the
 activity, policy or practice in violation of law, rule or regulation  to
 the  attention  of  a  supervisor  of the employer and has afforded such
 employer a reasonable opportunity to correct such  activity,  policy  or
 practice.  HOWEVER,  THIS SUBDIVISION SHALL NOT APPLY TO ANY REPORT OF A
 VIOLATION UNDER SECTION TWENTY-FIVE OF THE PUBLIC  HEALTH  LAW  (PARTIC-
 IPATION  IN  TORTURE  OR  IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE
 PROFESSIONALS).
   § 7. Paragraphs (a) and (b) of subdivision 2 of  section  741  of  the
 labor law, as added by chapter 24 of the laws of 2002, are amended and a
 new paragraph (c) is added to read as follows:
   (a) discloses or threatens to disclose to a supervisor, or to a public
 body  an  activity, policy or practice of the employer or agent that the
 employee, in good faith, reasonably believes constitutes improper quali-
 ty of patient care; [or]
   (b) objects to, or refuses to participate in any activity,  policy  or
 practice  of  the  employer  or  agent that the employee, in good faith,
 reasonably believes constitutes improper quality of patient care[.]; OR
   (C) REPORTS OR THREATENS TO REPORT ANY VIOLATION  OF  SECTION  TWENTY-
 FIVE  OF  THE  PUBLIC  HEALTH  LAW (PARTICIPATION IN TORTURE OR IMPROPER
 TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS).
   § 8. Subdivision 3 of section 741 of the labor law, as added by  chap-
 ter 24 of the laws of 2002, is amended to read as follows:
   3.  Application.  The  protection against retaliatory personnel action
 provided by subdivision two of this section shall not apply  unless  the
 employee  has brought the improper quality of patient care to the atten-
 tion of a supervisor and has afforded the employer a reasonable opportu-
 nity to correct such activity,  policy  or  practice.  This  subdivision
 shall  not  apply  to an action or failure to act described in paragraph
 (a) of subdivision two of this section where  the  improper  quality  of
 patient  care  described  therein  presents an imminent threat to public
 health or safety or to the health of a specific patient and the employee
 reasonably believes in good faith that reporting to a  supervisor  would
 not  result  in corrective action.   HOWEVER, THIS SUBDIVISION SHALL NOT
 APPLY TO ANY REPORT OF A VIOLATION  UNDER  SECTION  TWENTY-FIVE  OF  THE
 PUBLIC  HEALTH  LAW  (PARTICIPATION  IN TORTURE OR IMPROPER TREATMENT OF
 PRISONERS BY HEALTH CARE PROFESSIONALS).
   § 9. The introduction or enactment of this act shall not be  construed
 to mean that: (a) conduct described by this act does not already violate
 state  law  or  constitute professional misconduct; or (b) conduct other
 than that described by this act does not  violate  other  state  law  or
 otherwise constitute professional misconduct.
   §  10.  Severability. If any provision of this act, or any application
 of any provision of this act, is held to  be  invalid,  that  shall  not
 affect  the validity or effectiveness of any other provision of this act
 or any other application of any provision of this act.
   § 11.   This act shall take  effect  on  the  first  of  January  next
 succeeding the date on which it shall have become a law.