senate Bill S2277

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 Senate Committee Health Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2021 referred to health

Co-Sponsors

S2277 (ACTIVE) - Details

See Assembly Version of this Bill:
A5011
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803-e, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5124, A5474
2019-2020: S1406, A1123

S2277 (ACTIVE) - Summary

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

S2277 (ACTIVE) - Sponsor Memo

S2277 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2277
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee 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.

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