Assembly Bill A8245A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8245--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 15, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education -- recommitted to the Committee on High-
   er Education in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the education law, in relation to requiring hospitals to
   notify  patients  when physicians have been convicted of or been found
   civilly liable for a sexual offense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6511-a
 to read as follows:
   §  6511-A.  DISCLOSURE  OF  SEXUAL  OFFENSE CONVICTIONS. 1.   UPON THE
 CONVICTION OF ANY PHYSICIAN FOR A SEXUAL OFFENSE AS DEFINED  IN  ARTICLE
 ONE  HUNDRED THIRTY OF THE PENAL LAW, OR UPON A FINDING OF CIVIL LIABIL-
 ITY INVOLVING THE COMMISSION OF A SEXUAL OFFENSE,  COMMITTED  AGAINST  A
 PATIENT  OF  SUCH  PHYSICIAN, THE PHYSICIAN SHALL PROVIDE TO THE COURT A
 LIST OF ALL MEDICAL PRACTICES, OFFICES, HOSPITALS AND HEALTH CARE FACIL-
 ITIES WITH WHICH SUCH PHYSICIAN HAS PRACTICED OR  BEEN  AFFILIATED.  THE
 COURT  SHALL  SEND  NOTIFICATION TO ALL SUCH MEDICAL PRACTICES, OFFICES,
 HOSPITALS AND OTHER HEALTH CARE FACILITIES THAT THE PHYSICIAN  HAS  BEEN
 CONVICTED  OF  A SEXUAL OFFENSE OR BEEN HELD CIVILLY LIABLE FOR A SEXUAL
 OFFENSE AGAINST A PATIENT AND THAT SUCH OFFICE,  PRACTICE,  HOSPITAL  OR
 HEALTH  CARE  FACILITY  IS  REQUIRED TO PROVIDE ALL CURRENT AND PREVIOUS
 PATIENTS OF SUCH PHYSICIAN A DISCLOSURE WHICH INCLUDES:
   (A) THE NAME, ADDRESS, AND LICENSE  OR  REGISTRATION  NUMBER  OF  SUCH
 PHYSICIAN;
   (B)  ANY CRIMINAL CONVICTION OF SUCH PHYSICIAN FOR A SEXUAL OFFENSE AS
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (C) THE FINDINGS IN ANY CIVIL PROCEEDING BROUGHT AGAINST  SUCH  PHYSI-
 CIAN WHICH RESULTED IN LIABILITY FOR A SEXUAL OFFENSE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11778-07-3
              

 A. 8245--A                          2
 
   (D)  THE PENALTIES IMPOSED UPON SUCH PHYSICIAN BY THE APPLICABLE STATE
 BOARD HAVING JURISDICTION OVER MATTERS OF MISCONDUCT, AND  THE  DURATION
 OF SUCH PENALTIES;
   (E) THE CONTACT INFORMATION FOR THE APPROPRIATE STATE BOARD;
   (F)  AN EXPLANATION OF HOW PATIENTS CAN FIND FURTHER INFORMATION ABOUT
 ANY HISTORY OF MISCONDUCT BY  SUCH  PHYSICIAN  ON  THE  WEBSITE  OF  THE
 DEPARTMENT OR APPLICABLE BOARD; AND
   (G) HOW TO REPORT INSTANCES OF MISCONDUCT BY PHYSICIANS.
   2.  DISCLOSURES MADE PURSUANT TO THIS SECTION SHALL BE IN WRITING, AND
 SHALL BE SENT TO  PATIENTS  BY  CERTIFIED  OR  REGISTERED  MAIL,  RETURN
 RECEIPT REQUESTED, TO THEIR LAST KNOWN ADDRESS AND BY ELECTRONIC MAIL IF
 AN ELECTRONIC MAIL ADDRESS IS ON FILE.
   3.  THE STATE BOARD HAVING JURISDICTION OVER THE LICENSING AND CONDUCT
 OF PHYSICIANS SHALL  CREATE  A  STANDARD  DISCLOSURE  FORM  FOR  USE  AS
 REQUIRED  UNDER THIS SECTION, AND SHALL PROVIDE SUCH DISCLOSURE FORM AND
 ANY INFORMATION REQUIRED TO BE  INCLUDED  ON  SUCH  DISCLOSURES  ON  ITS
 WEBSITE  TO  BE ACCESSIBLE BY HOSPITALS AND OTHER HEALTH CARE FACILITIES
 APPROVED PURSUANT TO THIS ARTICLE.
   4. A MEDICAL OFFICE OR PRACTICE OR A HOSPITAL OR HEALTH CARE  FACILITY
 SHALL NOTIFY THE COURT THAT THE DISCLOSURES TO PATIENTS REQUIRED BY THIS
 SECTION  HAVE  BEEN MADE. SUCH NOTICE SHALL INCLUDE HOW MANY DISCLOSURES
 WERE SENT AND THE OLDEST DATES OF MEDICAL RECORDS AVAILABLE.
   5. IN THE EVENT THE COURT IS UNABLE  TO  NOTIFY  A  MEDICAL  PRACTICE,
 OFFICE,  HOSPITAL  OR OTHER HEALTH CARE FACILITY OF THE CONVICTION OF AN
 AFFILIATED PHYSICIAN, SUCH INFORMATION SHALL BE RELAYED TO  THE  DEPART-
 MENT.  THE  DEPARTMENT,  IN  COORDINATION WITH THE DEPARTMENT OF HEALTH,
 SHALL MAKE A REASONABLE EFFORT TO LOCATE THE  MEDICAL  RECORDS  OF  SUCH
 PATIENTS AND SEND PATIENTS THE DISCLOSURE FORM REQUIRED BY THIS SECTION.
   6.  THE  PENALTY IMPOSED BY THE BOARD OF REGENTS ON MEDICAL PRACTICES,
 OFFICES, HOSPITALS AND HEALTH CARE FACILITIES FOUND GUILTY OF  VIOLATING
 SUBDIVISION  ONE  OF  THIS  SECTION  BY  NOT  FULFILLING  ITS DISCLOSURE
 REQUIREMENTS WITHIN THIRTY DAYS SHALL  BE  A  FINE  OF  TWENTY  THOUSAND
 DOLLARS FOR EACH THIRTY-DAY PERIOD UNTIL SUCH DISCLOSURES ARE MADE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.