assembly Bill A5011

2021-2022 Legislative Session

Relates to requiring health care facilities to report incidents of a sexual offense to the departments of both health and education

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to health
Feb 10, 2021 referred to health

Co-Sponsors

view additional co-sponsors

A5011 (ACTIVE) - Details

See Senate Version of this Bill:
S2277
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803-e, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5474, S5124
2019-2020: A1123, S1406

A5011 (ACTIVE) - Summary

Requires health care facilities to report incidents of a sexual offense to the departments of health and education.

A5011 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5011
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend the public health law, in relation to reporting inci-
   dents of possible professional misconduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Clara's Law".
   §  2.  Subdivision  1  of  section 2803-e of the public health law, as
 added by chapter 866 of the laws of 1980, is amended  by  adding  a  new
 paragraph (c) to read as follows:
   (C)  HOSPITALS  AND OTHER FACILITIES APPROVED PURSUANT TO THIS ARTICLE
 SHALL MAKE A REPORT OR CAUSE A REPORT TO BE MADE WITHIN THIRTY  DAYS  OF
 EVERY SEPARATE ALLEGATION OF A SEXUAL OFFENSE, AS DEFINED IN ARTICLE ONE
 HUNDRED  THIRTY  OF  THE  PENAL LAW, BY A HEALTH CARE PRACTITIONER WHICH
 INVOLVES A PATIENT.
   § 3. Subdivision 2 of section 2803-e of  the  public  health  law,  as
 amended  by chapter 542 of the laws of 2000, is amended and a new subdi-
 vision 4 is added to read as follows:
   2. Reports of possible professional misconduct made pursuant  to  this
 section  shall  be  made  in  writing  to  the education department with
 respect to all individuals licensed  pursuant  to  title  eight  of  the
 education  law  except that such reports shall be made to the department
 of health in the case of physicians, physician's assistants and special-
 ist's assistants. REPORTS FOR ALL ALLEGATIONS OF A SEXUAL OFFENSE PURSU-
 ANT TO PARAGRAPH (C) OF THIS SECTION SHALL BE MADE TO THE DEPARTMENT  OF
 HEALTH IN ADDITION TO THE EDUCATION DEPARTMENT WITH RESPECT TO ALL INDI-
 VIDUALS  LICENSED  PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. Written
 reports shall include the following information:
   (a) name, address, profession and license number of the individual;
   (b) a description of the action taken by the  hospital  including  the
 reason  for the action and the date thereof, or the nature of the action
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.