S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8940
 
                           I N  A S S E M B L Y
 
                              January 2, 2020
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law in relation to establishing  the  "New
   York patients' right to know act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York patients' right to know act".
   § 2. The education law is amended by adding a new section 6533 to read
 as follows:
   §  6533.  PATIENTS'  RIGHT TO KNOW. 1. A PHYSICIAN FOUND GUILTY OF ANY
 CATEGORY OF PROFESSIONAL MISCONDUCT AS SPECIFIED IN SUBDIVISION  TWO  OF
 THIS  SECTION,  UNDER  THE  PROCEDURES PRESCRIBED IN SECTION TWO HUNDRED
 THIRTY OF THE PUBLIC HEALTH LAW, SHALL PROVIDE TO ALL PATIENTS A DISCLO-
 SURE WHICH INCLUDES:
   (A) THE PENALTIES IMPOSED UPON SUCH PHYSICIAN PURSUANT TO SECTION  TWO
 HUNDRED  THIRTY-A  OF  THE PUBLIC HEALTH LAW, AS ADDED BY CHAPTER 606 OF
 THE LAWS OF 1991, AND THE DURATION OF SUCH PENALTIES;
   (B) THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT'S CONTACT  INFORMATION;
 AND
   (C)  AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION ABOUT
 SUCH PHYSICIAN'S HISTORY OF MISCONDUCT ON  THE  OFFICE  OF  PROFESSIONAL
 MEDICAL CONDUCT'S INTERNET WEBSITE.
   2.  A  PHYSICIAN  FOUND GUILTY OF PROFESSIONAL MISCONDUCT UNDER ANY OF
 THE FOLLOWING SUBDIVISIONS OF SECTION SIXTY-FIVE HUNDRED THIRTY OF  THIS
 ARTICLE  SHALL PROVIDE TO ALL PATIENTS THE DISCLOSURE REQUIRED BY SUBDI-
 VISION ONE OF THIS SECTION:
   (A) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (A)  OF  SUBDIVISION  NINE
 INVOLVING A CRIMINAL CONVICTION WHERE:
   (I) SUCH CRIMINAL CONVICTION WAS FOR ANY SEX OFFENSE UNDER ARTICLE ONE
 HUNDRED  THIRTY OF THE PENAL LAW, AND WHERE SUCH SEX OFFENSE WAS COMMIT-
 TED AGAINST A PATIENT OF SUCH PHYSICIAN; OR
   (II) SUCH CRIMINAL CONVICTION WAS FOR ANY OTHER ACT RESULTING IN  HARM
 TO A PATIENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13070-01-9

 A. 8940                             2
 
   (B)  PROFESSIONAL  MISCONDUCT UNDER PARAGRAPH (E) OF SUBDIVISION NINE,
 WHERE SUCH PHYSICIAN WAS FOUND TO BE IN  VIOLATION  OF  ARTICLE  THIRTY-
 THREE OF THE PUBLIC HEALTH LAW; OR
   (C) PROFESSIONAL MISCONDUCT UNDER SUBDIVISION SEVEN OR EIGHT INVOLVING
 IMPAIRMENT OR ABUSE OF ALCOHOL OR NARCOTICS.
   3.  A  PHYSICIAN  REQUIRED  TO  PROVIDE  A DISCLOSURE PURSUANT TO THIS
 SECTION SHALL OBTAIN FROM ALL PATIENTS, OR SUCH  PATIENTS'  GUARDIAN  OR
 HEALTH CARE SURROGATE, A SEPARATE, SIGNED COPY OF SUCH DISCLOSURE.
   4.  NOTWITHSTANDING  ANY  PROVISION OF THIS SECTION TO THE CONTRARY, A
 PHYSICIAN SHALL NOT BE REQUIRED  TO  PROVIDE  A  DISCLOSURE  UNDER  THIS
 SECTION IF ANY OF THE FOLLOWING APPLIES:
   (A)  THE  PATIENT IS UNCONSCIOUS OR OTHERWISE UNABLE TO COMPREHEND THE
 DISCLOSURE AND SIGN THE COPY OF SUCH DISCLOSURE PURSUANT TO  SUBDIVISION
 THREE  OF  THIS  SECTION,  AND  A  GUARDIAN  OR HEALTH CARE SURROGATE IS
 UNAVAILABLE TO COMPREHEND SUCH DISCLOSURE AND SIGN A COPY;
   (B) THE VISIT OCCURS IN AN EMERGENCY ROOM OR AN URGENT  CARE  FACILITY
 OR SUCH VISIT IS UNSCHEDULED, INCLUDING CONSULTATIONS GIVEN AS A PART OF
 INPATIENT  HEALTH  CARE  SERVICES,  AS  DEFINED BY SUBDIVISION ELEVEN OF
 SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW;
   (C) SUCH PHYSICIAN IS NOT KNOWN TO THE PATIENT UNTIL IMMEDIATELY PRIOR
 TO THE START OF THE VISIT; OR
   (D) SUCH PHYSICIAN DOES NOT HAVE A DIRECT TREATMENT RELATIONSHIP  WITH
 THE PATIENT.
   5.  THE  BOARD  OF  THE  OFFICE  OF PROFESSIONAL MEDICAL CONDUCT SHALL
 CREATE THE DISCLOSURE  FORM  REQUIRED  UNDER  THIS  SECTION,  AND  SHALL
 PROVIDE  SUCH  DISCLOSURE FORM ON ITS WEBSITE TO BE ACCESSIBLE BY PHYSI-
 CIANS.
   6. THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL MAKE ALL  INFORMA-
 TION  REQUIRED  TO  BE  INCLUDED ON DISCLOSURES UNDER THIS SECTION ADDI-
 TIONALLY AVAILABLE ON ITS WEBSITE.
   § 3. The education law is amended by adding a new  section  6511-a  to
 read as follows:
   §  6511-A.  PATIENTS'  RIGHT  TO  KNOW.  1.  FOR  THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "LICENSEE" MEANS AND SHALL BE LIMITED TO INDIVIDUALS  LICENSED  OR
 AUTHORIZED TO PRACTICE CHIROPRACTIC UNDER ARTICLE ONE HUNDRED THIRTY-TWO
 OF  THIS  TITLE, INDIVIDUALS LICENSED OR AUTHORIZED TO PRACTICE PODIATRY
 UNDER ARTICLE ONE HUNDRED  FORTY-ONE  OF  THIS  TITLE,  AND  INDIVIDUALS
 LICENSED OR AUTHORIZED TO PRACTICE ACUPUNCTURE UNDER ARTICLE ONE HUNDRED
 SIXTY OF THIS TITLE.
   (B) "THE BOARD" SHALL MEAN THE BOARD OF REGENTS.
   2.  A LICENSEE FOUND GUILTY OF ANY CATEGORY OF PROFESSIONAL MISCONDUCT
 AS SPECIFIED IN SUBDIVISION THREE OF THIS SECTION, UNDER THE  PROCEDURES
 PRESCRIBED  IN SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUB ARTICLE, SHALL
 PROVIDE TO ALL CLIENTS A DISCLOSURE WHICH INCLUDES:
   (A) THE PENALTIES IMPOSED  UPON  SUCH  LICENSEE  PURSUANT  TO  SECTION
 SIXTY-FIVE  HUNDRED ELEVEN OF THIS SUB ARTICLE, AND THE DURATION OF SUCH
 PENALTIES;
   (B) THE BOARD'S CONTACT INFORMATION; AND
   (C) AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION  ABOUT
 SUCH LICENSEE'S HISTORY OF MISCONDUCT ON THE BOARD'S INTERNET WEBSITE.
   3. A LICENSEE FOUND GUILTY OF PROFESSIONAL MISCONDUCT UNDER ANY OF THE
 FOLLOWING  SUBDIVISIONS  OF  SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUB
 ARTICLE SHALL PROVIDE TO ALL PATIENTS THE DISCLOSURE REQUIRED BY  SUBDI-
 VISION TWO OF THIS SECTION:

 A. 8940                             3
 
   (A)  PROFESSIONAL  MISCONDUCT  UNDER PARAGRAPH (A) OF SUBDIVISION FIVE
 INVOLVING A CRIMINAL CONVICTION WHERE:
   (I) SUCH CRIMINAL CONVICTION WAS FOR ANY SEX OFFENSE UNDER ARTICLE ONE
 HUNDRED  THIRTY OF THE PENAL LAW, AND WHERE SUCH SEX OFFENSE WAS COMMIT-
 TED AGAINST A PATIENT OF SUCH LICENSEE; OR
   (II) SUCH CRIMINAL CONVICTION WAS FOR ANY OTHER ACT RESULTING IN  HARM
 TO A PATIENT;
   (B)  PROFESSIONAL  MISCONDUCT UNDER PARAGRAPH (C) OF SUBDIVISION FIVE,
 WHERE SUCH LICENSEE WAS FOUND TO BE IN VIOLATION OF ARTICLE THIRTY-THREE
 OF THE PUBLIC HEALTH LAW; OR
   (C) PROFESSIONAL MISCONDUCT UNDER SUBDIVISION THREE OR FOUR  INVOLVING
 IMPAIRMENT OR ABUSE OF ALCOHOL OR NARCOTICS.
   4.  A  LICENSEE  REQUIRED  TO  PROVIDE  A  DISCLOSURE PURSUANT TO THIS
 SECTION SHALL OBTAIN FROM ALL PATIENTS, OR SUCH  PATIENTS'  GUARDIAN  OR
 HEALTH CARE SURROGATE, A SEPARATE, SIGNED COPY OF SUCH DISCLOSURE.
   5.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION TO THE CONTRARY A
 LICENSEE SHALL NOT BE  REQUIRED  TO  PROVIDE  A  DISCLOSURE  UNDER  THIS
 SECTION IF ANY OF THE FOLLOWING APPLIES:
   (A)  THE  PATIENT IS UNCONSCIOUS OR OTHERWISE UNABLE TO COMPREHEND THE
 DISCLOSURE AND SIGN THE COPY OF SUCH DISCLOSURE PURSUANT TO  SUBDIVISION
 FOUR  OF  THIS  SECTION,  AND  A  GUARDIAN  OR  HEALTH CARE SURROGATE IS
 UNAVAILABLE TO COMPREHEND SUCH DISCLOSURE AND SIGN A COPY;
   (B) THE VISIT OCCURS IN AN EMERGENCY ROOM OR AN URGENT  CARE  FACILITY
 OR SUCH VISIT IS UNSCHEDULED, INCLUDING CONSULTATIONS GIVEN AS A PART OF
 INPATIENT  HEALTH  CARE  SERVICES,  AS  DEFINED BY SUBDIVISION ELEVEN OF
 SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW;
   (C) SUCH LICENSEE IS NOT KNOWN TO THE PATIENT UNTIL IMMEDIATELY  PRIOR
 TO THE START OF THE VISIT; OR
   (D)  SUCH  LICENSEE DOES NOT HAVE A DIRECT TREATMENT RELATIONSHIP WITH
 THE PATIENT.
   6. THE BOARD SHALL CREATE THE  DISCLOSURE  FORM  REQUIRED  UNDER  THIS
 SECTION,  AND  SHALL  PROVIDE  SUCH DISCLOSURE FORM ON ITS WEBSITE TO BE
 ACCESSIBLE BY LICENSEES.
   7. THE BOARD SHALL MAKE ALL INFORMATION REQUIRED  TO  BE  INCLUDED  ON
 DISCLOSURES UNDER THIS SECTION ADDITIONALLY AVAILABLE ON ITS WEBSITE.
   § 4. This act shall take effect July 1, 2020.