S T A T E O F N E W Y O R K
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5122
2021-2022 Regular Sessions
I N A S S E M B L Y
February 11, 2021
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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 SIX
HUNDRED SIX OF THE LAWS OF NINETEEN NINETY-ONE, 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 OF
SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THIS ARTICLE INVOLVING A
CRIMINAL CONVICTION WHERE:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02953-01-1
A. 5122 2
(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;
(B) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (E) OF SUBDIVISION NINE OF
SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THIS ARTICLE, 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 OF
SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THIS ARTICLE 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 SUBARTICLE, 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 SUBARTICLE, AND THE DURATION OF SUCH
PENALTIES;
(B) THE BOARD'S CONTACT INFORMATION; AND
A. 5122 3
(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 SUBAR-
TICLE SHALL PROVIDE TO ALL PATIENTS THE DISCLOSURE REQUIRED BY SUBDIVI-
SION TWO OF THIS SECTION:
(A) PROFESSIONAL MISCONDUCT UNDER PARAGRAPH (A) OF SUBDIVISION FIVE OF
SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THIS TITLE INVOLVING A CRIM-
INAL 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 OF
SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THIS TITLE, 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 on the first of July next succeeding
the date on which it shall have become a law.