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Senate Bill S9060

2019-2020 Legislative Session

Relates to medical records software and quality software management systems

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S9060 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §25, Pub Health L

2019-S9060 (ACTIVE) - Summary

Provides restrictions and prohibitions for medical records software and quality software management systems.

2019-S9060 (ACTIVE) - Sponsor Memo

2019-S9060 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9060
 
                             I N  S E N A T E
 
                             October 21, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation  to  medical  records
   software  and  quality  software  management  systems restrictions and
   prohibitions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding a new section 25
 to read as follows:
   § 25. MEDICAL RECORDS SOFTWARE AND QUALITY SOFTWARE MANAGEMENT SYSTEMS
 RESTRICTIONS  AND  PROHIBITIONS.  NO MEDICAL RECORDS SOFTWARE OR QUALITY
 SOFTWARE MANAGEMENT SYSTEMS SHALL PERMIT:
   1. FALSIFICATION OF A MEDICAL RECORD, MEDICAL PROCEDURE OR OTHER  LIVE
 FILE IN ANY HEALTH CARE FACILITY BY LOGGING IN AS ANOTHER USER AND DOING
 ACTIVITY UNDER THE OTHER USER'S PROFILE;
   2. IMPORTING MEDICAL PROCEDURES THAT COULD CREATE A FALSE DATE HISTORY
 OF WHEN SUCH PROCEDURE WAS UPLOADED AND/OR APPROVED AND BY WHOM;
   3.  BACKDATING  OF ANY RECORDS OR THE ALTERING OF REAL-TIME, COMPUTER-
 GENERATED TIME STAMPS;
   4. MERGING USER PROFILES THAT COULD OBSCURE USER IDENTITIES BY ASSIGN-
 ING LOGGED ACTIVITIES OF ONE USER ACCOUNT TO ANOTHER;
   5. DISPLAYING USER PASSWORDS IN PLAIN TEXT TO ANY OTHER PERSON  EXCEPT
 THE USER;
   6.  IMPORTING ANY DOCUMENT REQUIRING MEDICAL DIRECTOR APPROVAL WITHOUT
 THE EXPRESS APPROVAL OF A MEDICAL DIRECTOR;
   7. IMPORTING ANY DOCUMENT OR PROCEDURE WITHOUT  THE  OVERSIGHT  OF  AT
 LEAST ONE OTHER REGISTERED USER;
   8.  IMPORTING  FILES  FROM  ONE SYSTEM TO ANOTHER WITHOUT A NEW SYSTEM
 GENERATED TIME-STAMPED REVIEW AND APPROVAL; AND
   9. HISTORICALLY ALTERING PROCEDURES TO IMPLY THAT A  MEDICAL  DIRECTOR
 CONDUCTED MANDATED PERIODIC REVIEWS WHEN SUCH PERSON DID NOT.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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