NY State Senate Bill 2021-S6991A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2022	reported and committed to rules
May 11, 2022	reported and committed to finance
May 04, 2022	print number 6991a
May 04, 2022	amend and recommit to health
Jan 05, 2022	referred to health
May 21, 2021	referred to health

Votes

- May 9, 2022 - Health Committee Vote
  S6991A
  
  Aye
  
  14
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Health Committee Vote: May 9, 2022
      
      aye (14)
      
      Biaggi
      
      Boyle
      
      Cleare
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Ryan
      
      Salazar
      
      Stec
      
      Thomas
      
      excused (1)
      
      Brouk
  May 17, 2022 - Finance Committee Vote
  S6991A
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Finance Committee Vote: May 17, 2022
      
      aye (22)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      O'Mara
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Tedisco
      
      Thomas
      
      absent (1)
      
      Parker

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S6991 - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §230, add §2803-bb, Pub Health L; amd §6530, add §6523-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S7023
2025-2026: S1855

2021-S6991 - Summary

Strengthens protections for patients regarding sexual misconduct by medical providers; requires medical expert consultants involved in investigations disclose conflicts of interest and to not be under investigation, on warning, or on probation; requires a zero tolerance policy to be adopted and training to be provided on sexual misconduct by the board for professional misconduct; includes provisions related to the right to have a chaperone

2021-S6991 - Sponsor Memo

                                
 
BILL NUMBER: S6991

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to strengthening protections for patients regarding sexual misconduct by
medical providers

 
PURPOSE:

To strengthen protections for patients regarding sexual misconduct by
medical providers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 10 of section 230 of public health law to
include that medical experts used during OPMC investigation shall
disclose any conflicts of interest prior to assisting in an investi-
gation and a medical expert shall not be allowed to consult if they're
under investigation, have an administrative warning.

Section 2 amends subdivision 10 of section 230 of public health law to
include that at the conclusion of an investigation by an OPMC investi-
gator, an objective summary statement and recommendation produced by the
investigator shall be submitted along with the results of such investi-
gation.

Section 3 amends section 230 of public health law to require the office
of professional misconduct to adopt a zero-tolerance policy for sexual
misconduct and for the board to publish the policy on their site and
conduct semi-annual training or in-service workshops on sexual miscon-
duct and sexual harassment for the office of professional medical
conduct staff, including investigators, medical coordinators, the divi-
sion of legal affairs, and the board members.

Section 4 amends public health law by adding a new section 2803-aa to
add rights and responsibilities regarding protection from sexual miscon-
duct that will require facilities including clinics and hospitals to
post a statement of rights that outlines that (a) every patient shall
have the right to request the presence of a family member or third-party
chaperone during a physical examination and shall receive a copy of the
written statement of their right during certain sensitive examinations
and requires each facility note in the patient's chart whether or not
the patient wanted the presence of another person during an examina-
tion.e.

Section 5 amends education law section 6530 to add a new subdivision 51
to include sexual impropriety as a definition of professional miscon-
duct.

Section 6 amends education law by creating a new section 6523-a outlin-
ing the duties of the state board of medicine to query information from
the United States department of health and human services national prac-
titioner data bank.

Section 7 provides an effective date.

 
JUSTIFICATION:
In 1996, the Board for Professional Medical Conduct created a Final
Report produced by a Subcommittee on Physician Sexual Misconduct.  Years
later, in 2009, the Office of Professional Medical Conduct staff inves-
tigators referenced the final report and the lack of change in an inter-
nal memo. The memo, titled "Perspectives on Investigations of Sexual
Abuse Allegations Inside NYS DOH MARO (Metropolitan Area Regiona Office)
Office of Professional Medical Conduct," created and developed by the
OPMC staff investigators, shared accounts of victims and the lack of
disciplinary action or accountability to physicians violating a
patient's trust.

Patients place a great deal of trust in their doctors, and when doctors
abuse that trust, justice demands accountability. There must be account-
ability throughout the entire process and the addition of sexual impro-
priety to the list of professional misconduct is long overdue. Marissa
Hoechestetter, a survivor who was sexually assaulted by her doctor, is a
strong advocate and has testified before the Senate and Assembly in the
joint public hearing on Sexual Harassment in the Workplace on Friday May
24, 2019. In her testimony, she points out the fact that New York state
is one of only six states that does not conduct background checks as a
requirement upon initial licensure for medical professionals. The
National Practitioner Data Bank exists as a resource to the state board
of medicine and a simple query could prevent letting physicians get away
with lies and omissions when becoming licensed to practice in New York
State. This bill would address various issues that currently exist
regarding initial licensure, the allegation against a physician, the
investigation itself, and even the training of OPMC staff and the board
of professional medical conduct.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal to the State.

 
EFFECTIVE DATE:
Effective on the 90th day after it shall become law.

2021-S6991 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6991
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA, BIAGGI, KRUEGER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to strengthening protections for patients regarding sexual  misconduct
   by medical providers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii) of paragraph (a)  of  subdivision  10  of
 section  230  of the public health law, as amended by chapter 558 of the
 laws of 1994, is amended to read as follows:
   (ii) If the  investigation  of  cases  referred  to  an  investigation
 committee  involves  issues of clinical practice, medical experts, shall
 be consulted. Experts may be made available by the state medical society
 of the state of New York, by  county  medical  societies  and  specialty
 societies,  and  by New York state medical associations dedicated to the
 advancement of non-conventional medical  treatments.    MEDICAL  EXPERTS
 SHALL  DISCLOSE  ANY  CONFLICTS OF INTEREST INCLUDING BUT NOT LIMITED TO
 SHARED ALMA MATER, HOMETOWN, RESIDENCE, OR RELATIONSHIPS, THAT  CONNECTS
 OR  ESTABLISHES  A  BOND BETWEEN SUCH MEDICAL EXPERT AND THE LICENSEE IN
 ORDER TO PRECLUDE ANY FAVORABLE BIAS PRIOR TO ASSISTING IN  AN  INVESTI-
 GATION.   A MEDICAL EXPERT SHALL NOT BE CONSULTED IF SUCH MEDICAL EXPERT
 IS  UNDER  INVESTIGATION,  HAS  AN  ADMINISTRATIVE  WARNING,  OR  IS  ON
 PROBATION,  AND  SUCH  MEDICAL EXPERT SHALL BE DISMISSED FROM CONSULTING
 DUTIES IF SUCH MEDICAL EXPERT BECOMES THE SUBJECT OF  AN  INVESTIGATION,
 RECEIVES  AN  ADMINISTRATIVE WARNING, OR IS PUT ON PROBATION DURING SUCH
 EXPERTS TERM  OF  CONSULTATION.  Any  information  obtained  by  medical
 experts  in consultations, including the names of licensees or patients,
 shall be confidential and shall not be  disclosed  except  as  otherwise
 authorized or required by law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10656-04-1

 S. 6991                             2
 
   §  2.  Paragraph  (a)  of  subdivision 10 of section 230 of the public
 health law, as amended by chapter 866 of the laws of 1980, is amended to
 read as follows:
   (a)  Investigation.  The  board for professional medical conduct, by a
 committee on professional  conduct,  may  investigate  on  its  own  any
 suspected  professional misconduct, and shall investigate each complaint
 received regardless of the source. The results of the investigation  AND
 AN OBJECTIVE SUMMARY STATEMENT PRODUCED BY THE INVESTIGATOR ALONG WITH A
 RECOMMENDATION  shall  be  referred  to  the  director  of the office of
 professional medical conduct. If the director of the office  of  profes-
 sional medical conduct, after consultation with a professional member of
 the board for professional medical conduct, determines that a hearing is
 warranted  he shall direct counsel to prepare the charges within fifteen
 days thereafter. If it is determined by the director that the  complaint
 involves  a  question  of  professional expertise then such director may
 seek, and if so shall obtain, the concurrence of at least two members of
 a panel of three members of the state  board  for  professional  medical
 conduct.
   §  3.  Section 230 of the public health law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. (A) THE BOARD SHALL ADOPT  A  ZERO-TOLERANCE  POLICY  FOR  SEXUAL
 MISCONDUCT  AND THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL PUBLISH
 SUCH POLICY AND MAKE IT PUBLICLY AVAILABLE ON ITS WEBSITE.  SUCH  POLICY
 SHALL  INCLUDE  A  STATEMENT THAT A PATIENT CANNOT CONSENT TO ANY SEXUAL
 CONDUCT OR ACTIVITY WITH SUCH PATIENT'S TREATING PHYSICIAN.
   (B) THE BOARD SHALL INSTITUTE SEMI-ANNUAL TRAINING OR IN-SERVICE WORK-
 SHOPS ON SEXUAL MISCONDUCT AND  SEXUAL  HARASSMENT  FOR  THE  OFFICE  OF
 PROFESSIONAL  MEDICAL  CONDUCT  STAFF,  INCLUDING INVESTIGATORS, MEDICAL
 EXPERTS, THE DIVISION OF LEGAL AFFAIRS, AND THE BOARD. THE  BOARD  SHALL
 PROVIDE  COMPREHENSIVE ORIENTATION AND TRAINING ON SEXUAL MISCONDUCT AND
 SEXUAL HARASSMENT ISSUES UTILIZING EXPERT SPEAKERS,  PHYSICIANS,  REPRE-
 SENTATIVES  FROM THE OFFICE OF THE ATTORNEY GENERAL, CRISIS INTERVENTION
 CENTERS, AND RELATED COMMUNITY PROGRAMS.
   § 4. The public health law is amended by adding a new section  2803-aa
 to read as follows:
   § 2803-AA. PROTECTION OF PATIENTS FROM SEXUAL MISCONDUCT. 1. THE PRIN-
 CIPLES  ENUNCIATED  IN SUBDIVISION THREE OF THIS SECTION ARE DECLARED TO
 BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH STATEMENT OF RIGHTS
 AND RESPONSIBILITIES SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE  IN
 EACH HOSPITAL COVERED HEREUNDER.
   2.  THE  COMMISSIONER SHALL REQUIRE THAT EVERY HOSPITAL, AS DEFINED IN
 SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THIS  ARTICLE,
 SHALL  ADOPT  AND MAKE PUBLIC A STATEMENT OF THE RIGHTS AND RESPONSIBIL-
 ITIES REGARDING PROTECTION OF THE PATIENTS FROM  SEXUAL  MISCONDUCT  WHO
 ARE  RECEIVING  CARE IN SUCH HOSPITALS, AND SHALL TREAT SUCH PATIENTS IN
 ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.
   3. SAID STATEMENT OF RIGHTS AND RESPONSIBILITIES REGARDING  PROTECTION
 FROM  SEXUAL MISCONDUCT SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
 ING:
   A. EVERY PATIENT SHALL HAVE THE RIGHT TO REQUEST  THE  PRESENCE  OF  A
 FAMILY MEMBER OR THIRD-PARTY CHAPERONE DURING A PHYSICAL EXAMINATION.
   B.  EVERY  PATIENT SHALL HAVE THE RIGHT TO RECEIVE A WRITTEN STATEMENT
 OF THE RIGHT TO REQUEST THE PRESENCE OF A FAMILY MEMBER  OR  THIRD-PARTY
 CHAPERONE DURING: (1) BREAST AND PELVIC EXAMINATIONS OF FEMALES; AND (2)
 GENITALIA AND RECTAL EXAMINATIONS OF BOTH MALES AND FEMALES.

 S. 6991                             3
 
   4. EACH HOSPITAL SHALL GIVE A COPY OF THE STATEMENT TO EACH PATIENT AT
 OR  PRIOR  TO THE TIME OF ADMISSION TO THE HOSPITAL, OR TO THE APPOINTED
 PERSONAL REPRESENTATIVE AT THE TIME OF APPOINTMENT. SUCH STATEMENT SHALL
 BE PROVIDED IN A DOCUMENT IN ADDITION TO, AND SEPARATE FROM,  ANY  OTHER
 STATEMENT  OF  RIGHTS  AND  RESPONSIBILITIES  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF THIS CHAPTER.  UPON ACKNOWLEDGMENT OF THE STATEMENT BY THE
 PATIENT, AN ACCEPTANCE OR DECLINATION OF THE  PRESENCE  OF  A  CHAPERONE
 SHALL BE NOTED IN SUCH PATIENT'S CHART.
   §  5.  Section  6530  of  the education law is amended by adding a new
 subdivision 51 to read as follows:
   51.  SEXUAL  IMPROPRIETY,  INCLUDING  BUT  NOT  LIMITED  TO  BEHAVIOR,
 GESTURES,  OR EXPRESSIONS THAT ARE SEXUALLY SUGGESTIVE, DISRESPECTFUL OF
 PATIENT PRIVACY, OR SEXUALLY DEMEANING TO  A  PATIENT,  PHYSICAL  SEXUAL
 CONTACT BETWEEN A LICENSEE AND PATIENT OR ENGAGING IN ANY CONDUCT WITH A
 PATIENT  THAT  IS  SEXUAL OR MAY BE REASONABLY INTERPRETED AS SEXUAL, OR
 ANY EXAMINATION OF THE BREASTS OR GENITALS WITHOUT  APPROPRIATE  CONSENT
 FROM A PATIENT OR SURROGATE.
   §  6.  The  education law is amended by adding a new section 6523-a to
 read as follows:
   § 6523-A. ADDITIONAL DUTIES OF THE STATE BOARD FOR MEDICINE. IN  ADDI-
 TION TO ANY OTHER DUTIES OF THE STATE BOARD FOR MEDICINE PROVIDED FOR IN
 LAW,  SUCH  BOARD SHALL QUERY INFORMATION FROM THE UNITED STATES DEPART-
 MENT OF HEALTH AND HUMAN SERVICES NATIONAL PRACTITIONER DATA  BANK  UPON
 AN  INITIAL  REQUEST  FOR  LICENSURE BY AN APPLICANT PURSUANT TO SECTION
 SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE. IF  SUCH  QUERY  RETURNS
 ANY  INSTANCE  OF  PROFESSIONAL  MISCONDUCT  BY THE APPLICANT, THE BOARD
 SHALL CONSIDER BOTH THE SEVERITY OF THE MISCONDUCT ALONE AND IN RELATION
 TO THE PROBABILITY OF SUCH  MISCONDUCT  RECURRING  UPON  LICENSURE  WHEN
 DETERMINING  WHETHER  AN  APPLICATION  FOR  LICENSURE SHALL BE DENIED OR
 WHETHER TO GRANT THE APPLICANT A  HEARING  REGARDING  SUCH  INSTANCE  OF
 PROFESSIONAL MISCONDUCT.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law provided, however, that the  amendments  to  paragraph
 (a)  of  subdivision  10 of section 230 of the public health law made by
 section one of this act shall be subject to the expiration and reversion
 of such paragraph pursuant to section 5 of chapter 426 of  the  laws  of
 1983,  as  amended, when upon such date the provisions of section two of
 this act shall take effect. Effective immediately, the addition,  amend-
 ment  and/or  repeal of any rule or regulation necessary  for the imple-
 mentation of this act on its effective date are authorized and  directed
 to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2021-S6991A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §230, add §2803-bb, Pub Health L; amd §6530, add §6523-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S7023
2025-2026: S1855

2021-S6991A (ACTIVE) - Summary

2021-S6991A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6991A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to strengthening protections for patients regarding sexual misconduct by
medical providers

 
PURPOSE:

To strengthen protections for patients regarding sexual misconduct by
medical providers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 10 of section 230 of public health law to
include that medical experts used during OPMC investigation shall
disclose any conflicts of interest prior to assisting in an investi-
gation and a medical expert shall not be allowed to consult if they're
under investigation, have an administrative warning.

Section 2 amends subdivision 10 of section 230 of public health law to
include that at the conclusion of an investigation by an OPMC investi-
gator, an objective summary statement and recommendation produced by the
investigator shall be submitted along with the results of such investi-
gation.

Section 3 amends section 230 of public health law to require the office
of professional misconduct to adopt a zero-tolerance policy for sexual
misconduct and for the board to publish the policy on their site and
conduct semi-annual training or in-service workshops on sexual miscon-
duct and sexual harassment for the office of professional medical
conduct staff, including investigators, medical coordinators, the divi-
sion of legal affairs, and the board members.

Section 4 amends public health law by adding a new section 2803-bb to
add rights and responsibilities regarding protection from sexual miscon-
duct that will require facilities including clinics and hospitals to
post a statement of rights that outlines that (a) every patient shall
have the right to request the presence of a family member or third-party
chaperone during a physical examination and shall receive a copy of the
written statement of their right during certain sensitive examinations
and requires each facility note in the patient's chart whether or not
the patient wanted the presence of another person during an examina-
tion.e.

Section 5 amends education law section 6530 to add a new subdivision 51
to include sexual impropriety as a definition of professional miscon-
duct.

Section 6 amends education law by creating a new section 6523-a outlin-
ing the duties of the state board of medicine to query information from
the United States department of health and human services national prac-
titioner data bank.

Section 7 provides an effective date.

 
JUSTIFICATION:
In 1996, the Board for Professional Medical Conduct created a Final
Report produced by a Subcommittee on Physician Sexual Misconduct.  Years
later, in 2009, the Office of Professional Medical Conduct staff inves-
tigators referenced the final report and the lack of change in an inter-
nal memo. The memo, titled "Perspectives on Investigations of Sexual
Abuse Allegations Inside NYS DOH MARO (Metropolitan Area Regiona Office)
Office of Professional Medical Conduct," created and developed by the
OPMC staff investigators, shared accounts of victims and the lack of
disciplinary action or accountability to physicians violating a
patient's trust.

Patients place a great deal of trust in their doctors, and when doctors
abuse that trust, justice demands accountability. There must be account-
ability throughout the entire process and the addition of sexual impro-
priety to the list of professional misconduct is long overdue. Marissa
Hoechestetter, a survivor who was sexually assaulted by her doctor, is a
strong advocate and has testified before the Senate and Assembly in the
joint public hearing on Sexual Harassment in the Workplace on Friday May
24, 2019. In her testimony, she points out the fact that New York state
is one of only six states that does not conduct background checks as a
requirement upon initial licensure for medical professionals. The
National Practitioner Data Bank exists as a resource to the state board
of medicine and a simple query could prevent physicians from getting
away with lies and omissions when becoming licensed to practice in New
York State. This bill would address various issues that currently exist
regarding initial licensure, the allegation against a physician, the
investigation itself, and even the training of OPMC staff and the board
of professional medical conduct.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal to the State.

 
EFFECTIVE DATE:
Effective on the 90th day after it shall become law.

2021-S6991A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6991--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BIAGGI,  BROUK, HOYLMAN, KRUEGER, MYRIE,
   SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
   to be committed to the Committee  on  Health  --  recommitted  to  the
   Committee  on  Health  in  accordance  with  Senate  Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the public health law and the education law, in relation
   to  strengthening protections for patients regarding sexual misconduct
   by medical providers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of paragraph (a) of subdivision 10 of
 section 230 of the public health law, as amended by chapter 558  of  the
 laws of 1994, is amended to read as follows:
   (ii)  If  the  investigation  of  cases  referred  to an investigation
 committee involves issues of clinical practice, medical  experts,  shall
 be consulted. Experts may be made available by the state medical society
 of  the  state  of  New  York, by county medical societies and specialty
 societies, and by New York state medical associations dedicated  to  the
 advancement  of  non-conventional  medical treatments.   MEDICAL EXPERTS
 SHALL DISCLOSE ANY CONFLICTS OF INTEREST INCLUDING BUT  NOT  LIMITED  TO
 SHARED  ALMA MATER, HOMETOWN, RESIDENCE, OR RELATIONSHIPS, THAT CONNECTS
 OR ESTABLISHES A BOND BETWEEN SUCH MEDICAL EXPERT AND  THE  LICENSEE  IN
 ORDER  TO  PRECLUDE ANY FAVORABLE BIAS PRIOR TO ASSISTING IN AN INVESTI-
 GATION.  A MEDICAL EXPERT SHALL NOT BE CONSULTED IF SUCH MEDICAL  EXPERT
 IS  UNDER  INVESTIGATION,  HAS  AN  ADMINISTRATIVE  WARNING,  OR  IS  ON
 PROBATION, AND SUCH MEDICAL EXPERT SHALL BE  DISMISSED  FROM  CONSULTING
 DUTIES  IF  SUCH MEDICAL EXPERT BECOMES THE SUBJECT OF AN INVESTIGATION,
 RECEIVES AN ADMINISTRATIVE WARNING, OR IS PUT ON PROBATION  DURING  SUCH
 EXPERTS  TERM  OF  CONSULTATION.  Any  information  obtained  by medical
 experts in consultations, including the names of licensees or  patients,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10656-05-2

 S. 6991--A                          2
 
 shall  be  confidential  and  shall not be disclosed except as otherwise
 authorized or required by law.
   §  2.  Paragraph  (a)  of  subdivision 10 of section 230 of the public
 health law, as amended by chapter 866 of the laws of 1980, is amended to
 read as follows:
   (a) Investigation. The board for professional medical  conduct,  by  a
 committee  on  professional  conduct,  may  investigate  on  its own any
 suspected professional misconduct, and shall investigate each  complaint
 received  regardless of the source. The results of the investigation AND
 AN OBJECTIVE SUMMARY STATEMENT PRODUCED BY THE INVESTIGATOR ALONG WITH A
 RECOMMENDATION shall be referred  to  the  director  of  the  office  of
 professional  medical  conduct. If the director of the office of profes-
 sional medical conduct, after consultation with a professional member of
 the board for professional medical conduct, determines that a hearing is
 warranted he shall direct counsel to prepare the charges within  fifteen
 days  thereafter. If it is determined by the director that the complaint
 involves a question of professional expertise  then  such  director  may
 seek, and if so shall obtain, the concurrence of at least two members of
 a  panel  of  three  members of the state board for professional medical
 conduct.
   § 3. Section 230 of the public health law is amended by adding  a  new
 subdivision 6-a to read as follows:
   6-A.  (A)  THE  BOARD  SHALL  ADOPT A ZERO-TOLERANCE POLICY FOR SEXUAL
 MISCONDUCT AND THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL  PUBLISH
 SUCH  POLICY AND MAKE IT PUBLICLY AVAILABLE ON ITS WEBSITE.  SUCH POLICY
 SHALL INCLUDE A STATEMENT THAT A PATIENT CANNOT CONSENT  TO  ANY  SEXUAL
 CONDUCT OR ACTIVITY WITH SUCH PATIENT'S TREATING PHYSICIAN.
   (B) THE BOARD SHALL INSTITUTE SEMI-ANNUAL TRAINING OR IN-SERVICE WORK-
 SHOPS  ON  SEXUAL  MISCONDUCT  AND  SEXUAL  HARASSMENT FOR THE OFFICE OF
 PROFESSIONAL MEDICAL CONDUCT  STAFF,  INCLUDING  INVESTIGATORS,  MEDICAL
 EXPERTS,  THE  DIVISION OF LEGAL AFFAIRS, AND THE BOARD. THE BOARD SHALL
 PROVIDE COMPREHENSIVE ORIENTATION AND TRAINING ON SEXUAL MISCONDUCT  AND
 SEXUAL  HARASSMENT  ISSUES UTILIZING EXPERT SPEAKERS, PHYSICIANS, REPRE-
 SENTATIVES FROM THE OFFICE OF THE ATTORNEY GENERAL, CRISIS  INTERVENTION
 CENTERS, AND RELATED COMMUNITY PROGRAMS.
   §  4. The public health law is amended by adding a new section 2803-bb
 to read as follows:
   § 2803-BB. PROTECTION OF PATIENTS FROM SEXUAL MISCONDUCT. 1. THE PRIN-
 CIPLES ENUNCIATED IN SUBDIVISION THREE OF THIS SECTION ARE  DECLARED  TO
 BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH STATEMENT OF RIGHTS
 AND  RESPONSIBILITIES SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE IN
 EACH HOSPITAL COVERED HEREUNDER.
   2. THE COMMISSIONER SHALL REQUIRE THAT EVERY HOSPITAL, AS  DEFINED  IN
 SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE,
 SHALL ADOPT AND MAKE PUBLIC A STATEMENT OF THE RIGHTS  AND  RESPONSIBIL-
 ITIES  REGARDING  PROTECTION  OF THE PATIENTS FROM SEXUAL MISCONDUCT WHO
 ARE RECEIVING CARE IN SUCH HOSPITALS, AND SHALL TREAT SUCH  PATIENTS  IN
 ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.
   3.  SAID STATEMENT OF RIGHTS AND RESPONSIBILITIES REGARDING PROTECTION
 FROM SEXUAL MISCONDUCT SHALL INCLUDE, BUT NOT BE LIMITED TO THE  FOLLOW-
 ING:
   A.  EVERY  PATIENT  SHALL  HAVE THE RIGHT TO REQUEST THE PRESENCE OF A
 FAMILY MEMBER OR THIRD-PARTY CHAPERONE DURING A PHYSICAL EXAMINATION.
   B. EVERY PATIENT SHALL HAVE THE RIGHT TO RECEIVE A  WRITTEN  STATEMENT
 OF  THE  RIGHT TO REQUEST THE PRESENCE OF A FAMILY MEMBER OR THIRD-PARTY
 S. 6991--A                          3
 
 CHAPERONE DURING: (1) BREAST AND PELVIC EXAMINATIONS OF FEMALES; AND (2)
 GENITALIA AND RECTAL EXAMINATIONS OF BOTH MALES AND FEMALES.
   4. EACH HOSPITAL SHALL GIVE A COPY OF THE STATEMENT TO EACH PATIENT AT
 OR  PRIOR  TO THE TIME OF ADMISSION TO THE HOSPITAL, OR TO THE APPOINTED
 PERSONAL REPRESENTATIVE AT THE TIME OF APPOINTMENT. SUCH STATEMENT SHALL
 BE PROVIDED IN A DOCUMENT IN ADDITION TO, AND SEPARATE FROM,  ANY  OTHER
 STATEMENT  OF  RIGHTS  AND  RESPONSIBILITIES  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF THIS CHAPTER.  UPON ACKNOWLEDGMENT OF THE STATEMENT BY THE
 PATIENT, AN ACCEPTANCE OR DECLINATION OF THE  PRESENCE  OF  A  CHAPERONE
 SHALL BE NOTED IN SUCH PATIENT'S CHART.
   §  5.  Section  6530  of  the education law is amended by adding a new
 subdivision 51 to read as follows:
   51.  SEXUAL  IMPROPRIETY,  INCLUDING  BUT  NOT  LIMITED  TO  BEHAVIOR,
 GESTURES,  OR EXPRESSIONS THAT ARE SEXUALLY SUGGESTIVE, DISRESPECTFUL OF
 PATIENT PRIVACY, OR SEXUALLY DEMEANING TO  A  PATIENT,  PHYSICAL  SEXUAL
 CONTACT BETWEEN A LICENSEE AND PATIENT OR ENGAGING IN ANY CONDUCT WITH A
 PATIENT  THAT  IS  SEXUAL OR MAY BE REASONABLY INTERPRETED AS SEXUAL, OR
 ANY EXAMINATION OF THE BREASTS OR GENITALS WITHOUT  APPROPRIATE  CONSENT
 FROM A PATIENT OR SURROGATE.
   §  6.  The  education law is amended by adding a new section 6523-a to
 read as follows:
   § 6523-A. ADDITIONAL DUTIES OF THE STATE BOARD FOR MEDICINE. IN  ADDI-
 TION TO ANY OTHER DUTIES OF THE STATE BOARD FOR MEDICINE PROVIDED FOR IN
 LAW,  SUCH  BOARD SHALL QUERY INFORMATION FROM THE UNITED STATES DEPART-
 MENT OF HEALTH AND HUMAN SERVICES NATIONAL PRACTITIONER DATA  BANK  UPON
 AN  INITIAL  REQUEST  FOR  LICENSURE BY AN APPLICANT PURSUANT TO SECTION
 SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE. IF  SUCH  QUERY  RETURNS
 ANY  INSTANCE  OF  PROFESSIONAL  MISCONDUCT  BY THE APPLICANT, THE BOARD
 SHALL CONSIDER BOTH THE SEVERITY OF THE MISCONDUCT ALONE AND IN RELATION
 TO THE PROBABILITY OF SUCH  MISCONDUCT  RECURRING  UPON  LICENSURE  WHEN
 DETERMINING  WHETHER  AN  APPLICATION  FOR  LICENSURE SHALL BE DENIED OR
 WHETHER TO GRANT THE APPLICANT A  HEARING  REGARDING  SUCH  INSTANCE  OF
 PROFESSIONAL MISCONDUCT.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law provided, however, that the  amendments  to  paragraph
 (a)  of  subdivision  10 of section 230 of the public health law made by
 section one of this act shall be subject to the expiration and reversion
 of such paragraph pursuant to section 5 of chapter 426 of  the  laws  of
 1983,  as  amended, when upon such date the provisions of section two of
 this act shall take effect. Effective immediately, the addition,  amend-
 ment  and/or  repeal of any rule or regulation necessary  for the imple-
 mentation of this act on its effective date are authorized and  directed
 to be made and completed on or before such effective date.

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Senate Bill S6991A

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Archive: Last Bill Status - In Senate Committee Rules Committee

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May 9, 2022 - Health Committee Vote

Health Committee Vote: May 9, 2022

May 17, 2022 - Finance Committee Vote

Finance Committee Vote: May 17, 2022

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2021-S6991 - Details

2021-S6991 - Summary

2021-S6991 - Sponsor Memo

2021-S6991 - Bill Text download pdf

co-Sponsors

2021-S6991A (ACTIVE) - Details

2021-S6991A (ACTIVE) - Summary

2021-S6991A (ACTIVE) - Sponsor Memo

2021-S6991A (ACTIVE) - Bill Text download pdf

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