S T A T E O F N E W Y O R K
________________________________________________________________________
6616
2023-2024 Regular Sessions
I N S E N A T E
May 1, 2023
___________
Introduced by Sen. MAY -- 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 prohibited hospital interference with patient care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2831 to read as follows:
§ 2831. INTERFERENCE WITH CARE; PROHIBITED. 1. EXCEPT AS PROVIDED IN
SUBDIVISION TWO OF THIS SECTION, IF A HEALTH CARE PRACTITIONER LICENSED
PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW IS ACTING IN GOOD FAITH,
WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE, AND WITHIN THE RELEVANT
STANDARD OF CARE, A HOSPITAL SHALL NOT:
(A) LIMIT THE HEALTH CARE PRACTITIONER'S PROVISION OF MEDICALLY ACCU-
RATE AND COMPREHENSIVE INFORMATION AND RESOURCES TO A PATIENT REGARDING
THE PATIENT'S HEALTH STATUS INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS,
PROGNOSIS, RECOMMENDED TREATMENT, TREATMENT ALTERNATIVES, INFORMATION
ABOUT AVAILABLE SERVICES AND WHERE AND HOW TO OBTAIN THEM, AND ANY
POTENTIAL RISKS TO THE PATIENT'S HEALTH OR LIFE; OR
(B) PROHIBIT THE HEALTH CARE PRACTITIONER FROM PROVIDING HEALTH CARE
SERVICES RELATED TO COMPLICATIONS OF PREGNANCY, INCLUDING BUT NOT LIMIT-
ED TO HEALTH SERVICES RELATED TO MISCARRIAGE MANAGEMENT AND TREATMENT
FOR ECTOPIC PREGNANCIES, IN CASES IN WHICH FAILURE TO PROVIDE THE
SERVICE WOULD VIOLATE THE ACCEPTED STANDARD OF CARE OR WHEN THE PATIENT
PRESENTS A MEDICAL CONDITION MANIFESTING ITSELF BY ACUTE SYMPTOMS OF
SUFFICIENT SEVERITY SUCH THAT THE ABSENCE OF MEDICAL ATTENTION COULD
REASONABLY BE EXPECTED TO POSE A RISK:
I. TO THE PATIENT'S LIFE; OR
II. OF IRREVERSIBLE COMPLICATIONS OR IMPAIRMENT TO THE PATIENT'S BODI-
LY FUNCTIONS OR ANY BODILY ORGAN OR PART.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08299-02-3
S. 6616 2
2. NOTHING IN THIS SECTION PROHIBITS A HOSPITAL FROM LIMITING A HEALTH
CARE PROVIDER'S PRACTICE TO PROTECT PATIENTS' PHYSICAL SAFETY.
3. A HEALTH CARE ENTITY SHALL NOT DISCHARGE, DEMOTE, SUSPEND, DISCI-
PLINE, DISCRIMINATE OR OTHERWISE RETALIATE AGAINST A HEALTH CARE PRACTI-
TIONER FOR ENGAGING IN COMMUNICATIONS OR PROVIDING SERVICES CONSISTENT
WITH THIS SECTION.
4. THE DEPARTMENT SHALL DESIGN, PREPARE, AND MAKE AVAILABLE ONLINE
WRITTEN MATERIALS TO CLEARLY INFORM HEALTH CARE PRACTITIONERS AND STAFF
OF THE PROVISIONS OF THIS SECTION.
5. A PATIENT, A HEALTH CARE PRACTITIONER, OR AN INDIVIDUAL, WHO IS
AGGRIEVED BY A VIOLATION OF SUBDIVISION ONE OF THIS SECTION, MAY BRING A
CIVIL ACTION AGAINST A HOSPITAL TO ENJOIN FURTHER VIOLATIONS, RECOVER
DAMAGES OR BOTH, AND SHALL RECOVER COSTS AND REASONABLE ATTORNEYS' FEES.
§ 2. Subdivision 3 of section 6507 of the education law, is amended by
adding a new paragraph d to read as follows:
D. ENSURE THAT EACH LICENSEE, REGISTRANT, OR RECIPIENT OF A LIMITED
PERMIT TO BE A PHYSICIAN, PHYSICIAN'S ASSISTANT, SPECIALIST ASSISTANT,
PHARMACIST, PHARMACY TECHNICIAN, REGISTERED PROFESSIONAL NURSE, LICENSED
PRACTICAL NURSE, NURSE PRACTITIONER, CLINICAL NURSE SPECIALIST, MIDWIFE,
PSYCHOLOGIST, LICENSED MASTER SOCIAL WORKER, LICENSED CLINICAL SOCIAL
WORKER, OCCUPATIONAL THERAPIST, OCCUPATIONAL THERAPY ASSISTANT, OR
MENTAL HEALTH PRACTITIONER RECEIVES, UPON LICENSURE, REGISTRATION, OR
ISSUANCE OF A LIMITED PERMIT, THE INFORMATION PREPARED BY THE DEPARTMENT
OF HEALTH UNDER SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED THIR-
TY-ONE OF THE PUBLIC HEALTH LAW. LICENSEES, REGISTRANTS, AND RECIPIENTS
OF LIMITED PERMITS SHALL BE ENCOURAGED TO SHARE THE INFORMATION PROVIDED
WITH THEIR COLLEAGUES WHO ARE NOT SUBJECT TO STATE LICENSURE.
§ 3. If any clause, sentence, paragraph, section or part of this act
be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder hereof but
shall be applied in its operation to the clause, sentence, paragraph,
section or part hereof directly involved in the controversy in which
such judgment shall have been rendered.
§ 4. This act shall take effect immediately.