S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7241
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the public health law, in relation to requiring  certain
   health  care  providers  to  disclose the fact that the provider is on
   probation to current and new patients

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 18 of section 230 of the public health law is
 amended by adding a new paragraph (c) to read as follows:
   (C) (I) AS USED IN THIS PARAGRAPH:
   (A) "LICENSEE" MEANS A PHYSICIAN, PHYSICIAN'S ASSISTANT, OR A SPECIAL-
 IST'S ASSISTANT LICENSED UNDER TITLE EIGHT  OF  THE  EDUCATION  LAW  WHO
 PROVIDES DIRECT PATIENT CARE;
   (B)  "HEALTH CARE REPRESENTATIVE" MEANS A HEALTH CARE AGENT DESIGNATED
 BY AN ADULT PURSUANT TO ARTICLE TWENTY-NINE-C OF THIS CHAPTER, A  HEALTH
 CARE  SURROGATE  SELECTED  TO MAKE A HEALTH CARE DECISION ON BEHALF OF A
 PATIENT PURSUANT TO SECTION TWENTY-NINE HUNDRED  NINETY-FOUR-D  OF  THIS
 CHAPTER,  A  GUARDIAN AUTHORIZED TO DECIDE ABOUT HEALTH CARE PURSUANT TO
 ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW, OR  A  GUARDIAN  APPOINTED
 PURSUANT  TO  SECTION SEVENTEEN HUNDRED FIFTY-B OF THE SURROGATE'S COURT
 PROCEDURE ACT; AND
   (C) "HEALTH CARE" MEANS ANY TREATMENT, SERVICE, OR PROCEDURE TO  DIAG-
 NOSE OR TREAT AN INDIVIDUAL'S PHYSICAL OR MENTAL CONDITION.
   (II)  EXCEPT  AS  PROVIDED  BY SUBPARAGRAPH (V) OF THIS PARAGRAPH, THE
 OFFICE OF PROFESSIONAL MISCONDUCT SHALL REQUIRE A PHYSICIAN, PHYSICIAN'S
 ASSISTANT OR SPECIALIST'S ASSISTANT WHO HAS BEEN FOUND TO HAVE COMMITTED
 MISCONDUCT BY THE OFFICE OF PROFESSIONAL MISCONDUCT OR FOUND  GUILTY  OR
 LIABLE OF AN OFFENSE IN A COURT OF LAW PURSUANT TO SUBPARAGRAPH (III) OF
 THIS  PARAGRAPH  TO DISCLOSE THE FOLLOWING TO CURRENT OR NEW PATIENTS OR
 THE PATIENT'S HEALTH CARE REPRESENTATIVE ON A SEPARATE WRITTEN DOCUMENT:
 HIS OR HER STATUS WITH THE OFFICE OF PROFESSIONAL MISCONDUCT OR  FROM  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01053-06-3
              

 S. 7241                             2
 
 COURT OF LAW; THE LENGTH AND EXPIRATION DATE OF ANY PENALTIES ASSOCIATED
 WITH  SUCH  FINDING  OF MISCONDUCT; THE CAUSE OR CAUSES FOR DISCIPLINARY
 ACTION STATED IN THE ORDER ISSUED BY THE OFFICE OF PROFESSIONAL  MISCON-
 DUCT OR A COURT OF LAW; ALL PRACTICE RESTRICTIONS PLACED ON THE LICENSEE
 BY  THE OFFICE OF PROFESSIONAL MISCONDUCT OR A COURT OF LAW; THE ADDRESS
 OF THE OFFICE OF PROFESSIONAL MISCONDUCT'S WEBSITE; AND  THE  OFFICE  OF
 PROFESSIONAL  MISCONDUCT'S  TELEPHONE  NUMBER.    THIS  NOTICE  SHALL BE
 PROVIDED PRIOR TO THE PATIENT'S FIRST VISIT, OR  PRIOR  TO  THE  PATIENT
 RECEIVING  HEALTH  CARE  FROM  THE  PHYSICIAN, PHYSICIAN'S ASSISTANT AND
 SPECIALIST'S ASSISTANT FOLLOWING THE FINDING OF MISCONDUCT BY THE OFFICE
 OF PROFESSIONAL MISCONDUCT OR OF GUILT OR LIABILITY BY A COURT OF LAW OF
 AN OFFENSE IN ANY OF THE CIRCUMSTANCES LISTED IN CLAUSE (A), (B), (C) OR
 (D) OF SUBPARAGRAPH (III) OF THIS  PARAGRAPH.  A  LICENSEE  REQUIRED  TO
 PROVIDE  A  DISCLOSURE  PURSUANT TO THIS PARAGRAPH SHALL OBTAIN FROM THE
 PATIENT, OR THEIR HEALTH CARE REPRESENTATIVE, A SEPARATE, SIGNED COPY OF
 THAT DISCLOSURE PRIOR TO THE PATIENT ENTERING THE ROOM WHERE THE  LICEN-
 SEE  PERFORMS  THE  TREATMENT, SERVICE, PROCEDURE OR OTHER DIRECT HEALTH
 CARE; OR IN A HOSPITAL, AMBULATORY CARE CENTER,  OR  OTHER  HEALTH  CARE
 FACILITY PRIOR TO THE LICENSEE PERFORMING ANY TREATMENT, SERVICE, PROCE-
 DURE OR OTHER DIRECT HEALTH CARE.
   (III)  THE  PHYSICIAN, PHYSICIAN'S ASSISTANT OR SPECIALIST'S ASSISTANT
 SHALL PROVIDE THE DISCLOSURE UNDER THE FOLLOWING CIRCUMSTANCES:
   (A) THE PHYSICIAN, PHYSICIAN'S ASSISTANT OR SPECIALIST'S ASSISTANT HAS
 BEEN FOUND TO HAVE COMMITTED MISCONDUCT BY THE  OFFICE  OF  PROFESSIONAL
 MISCONDUCT  OR FOUND LIABLE OR GUILTY BY A COURT OF LAW AFTER A DETERMI-
 NATION OR STIPULATED SETTLEMENT IN OF ANY OF THE FOLLOWING OFFENSES:
   (1) THE COMMISSION OF ANY ACT OF SEXUAL ABUSE,  MISCONDUCT,  EXPLOITA-
 TION,  OR  RELATIONS  WITH A PATIENT OR CLIENT AS DEFINED IN ARTICLE ONE
 HUNDRED THIRTY, ARTICLE TWO  HUNDRED  THIRTY,  OR  ARTICLE  TWO  HUNDRED
 SIXTY-THREE OF THE PENAL LAW;
   (2)  DRUG  OR  ALCOHOL ABUSE DIRECTLY RESULTING IN HARM TO PATIENTS OR
 THE EXTENT THAT SUCH USE IMPAIRS THE ABILITY OF THE INDIVIDUAL TO  PRAC-
 TICE SAFELY;
   (3) CRIMINAL CONVICTION DIRECTLY INVOLVING HARM TO PATIENT HEALTH; OR
   (4)  INAPPROPRIATE  PRESCRIBING  RESULTING  IN  HARM TO PATIENTS AND A
 PROBATIONARY PERIOD OF FIVE YEARS OR MORE.
   (B) THE OFFICE OF PROFESSIONAL MISCONDUCT OR A COURT  OF  LAW  ORDERED
 ANY  OF  THE  FOLLOWING  REGARDLESS IF THE INDIVIDUAL HAS BEEN PLACED ON
 PROBATION:
   (1) A THIRD-PARTY CHAPERONE SHALL BE PRESENT WHEN THE INDIVIDUAL EXAM-
 INES PATIENTS AS A RESULT OF SEXUAL MISCONDUCT; OR
   (2) THE INDIVIDUAL SHALL  SUBMIT  TO  DRUG  TESTING  AS  A  RESULT  OF
 SUBSTANCE ABUSE.
   (C)  THE  INDIVIDUAL HAS NOT SUCCESSFULLY COMPLETED A TRAINING PROGRAM
 OR ANY ASSOCIATED EXAMINATIONS REQUIRED BY THE  OFFICE  OF  PROFESSIONAL
 MISCONDUCT OR A COURT OF LAW AS A CONDITION OF PROBATION.
   (D)  THE  INDIVIDUAL  HAS  BEEN ON PROBATION FOR ANY OFFENSE MORE THAN
 THREE TIMES.
   (IV) THE INDIVIDUAL SHALL OBTAIN FROM EACH PATIENT,  OR  THEIR  HEALTH
 CARE  REPRESENTATIVE,  A  SIGNED  COPY  OF  THE DISCLOSURE FOLLOWING THE
 DISCLOSURE DESCRIBED  IN  SUBPARAGRAPH  (III)  OF  THIS  PARAGRAPH  THAT
 INCLUDES  A  WRITTEN  EXPLANATION  OF  HOW  THE PATIENT CAN FIND FURTHER
 INFORMATION ON THE LICENSEE'S ACTIONS  ON  THE  OFFICE  OF  PROFESSIONAL
 MISCONDUCT ENFORCEMENT ACTIONS' WEBSITE.
   (V)  THE  INDIVIDUAL  SHALL  NOT BE REQUIRED TO PROVIDE THE DISCLOSURE
 PRIOR TO PERFORMING ANY TREATMENT, SERVICE, PROCEDURE, OR  OTHER  DIRECT
 S. 7241                             3
 
 HEALTH  CARE AS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, IF IN THE
 HEALTH CARE PROFESSIONAL'S JUDGMENT, AN EMERGENCY EXISTS AND THE  PERSON
 IS  IN  IMMEDIATE  NEED  OF  MEDICAL ATTENTION, AND AN ATTEMPT TO SECURE
 CONSENT WOULD RESULT IN DELAY OF TREATMENT WHICH WOULD INCREASE THE RISK
 TO  SUCH PERSON'S LIFE OR HEALTH, OR IF THE PATIENT IS INCAPACITATED AND
 THE PATIENT'S HEALTH CARE REPRESENTATIVE IS NOT REASONABLY AVAILABLE.
   (VI) SHOULD A PATIENT, OR THEIR HEALTH CARE REPRESENTATIVE,  ELECT  TO
 CANCEL  THE  PATIENT'S  APPOINTMENT,  TREATMENT,  SERVICE, PROCEDURE, OR
 OTHER DIRECT HEALTH CARE WITH THE INDIVIDUAL UPON  BEING  PROVIDED  WITH
 THE DISCLOSURE REQUIRED BY SUBPARAGRAPH (III) OF THIS PARAGRAPH, NEITHER
 THE PATIENT NOR THE PATIENT'S INSURANCE COMPANY SHALL BE CHARGED FOR THE
 APPOINTMENT.
   (VII)  ANY  PHYSICIAN, PHYSICIAN'S ASSISTANT OR SPECIALIST'S ASSISTANT
 WHO VIOLATES THE PROVISIONS OF THIS PARAGRAPH  SHALL  BE  SUBJECT  TO  A
 PENALTY  NOT  TO EXCEED TWO THOUSAND DOLLARS. ANY INDIVIDUAL WHO COMMITS
 SUBSEQUENT, WILLFUL VIOLATIONS OF THE PROVISIONS OF THIS PARAGRAPH SHALL
 HAVE HIS OR HER LICENSE SUSPENDED FOR A PERIOD OF TIME TO BE  DETERMINED
 BY THE OFFICE OF PROFESSIONAL MISCONDUCT.
   (VIII)  THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE
 REQUIREMENTS OF THIS PARAGRAPH, AND SHALL ISSUE  FORMS  SET  FORTH  THAT
 SHALL BE USED TO SATISFY THE WRITTEN REQUIREMENT SPECIFIED IN THIS PARA-
 GRAPH WHICH SHALL ALSO INCLUDE:
   (A) PROVISIONS THAT ADDRESS A HEALTH CARE FACILITY'S RESPONSIBILITY TO
 ENSURE  THE  PATIENT  RECEIVES CARE FROM AN APPROPRIATE INDIVIDUAL OR TO
 TRANSFER THE PATIENT IF THE PATIENT REFUSES  CARE  FROM  THE  INDIVIDUAL
 THAT HAS BEEN FOUND TO HAVE COMMITTED MISCONDUCT OR HAS BEEN FOUND TO BE
 LIABLE  OR  GUILTY  OF AN OFFENSE BY A COURT OF LAW PURSUANT TO SUBPARA-
 GRAPH (III) OF THIS PARAGRAPH AND ANOTHER INDIVIDUAL IS NOT AVAILABLE AT
 THE HEALTH CARE FACILITY TO PROVIDE CARE; AND
   (B) PROVISIONS RELATED TO ENFORCING OF THE REQUIREMENTS OF THIS  PARA-
 GRAPH.
   § 2. This act shall take effect January 1, 2024 and shall apply to all
 probationary  orders  issued  on or after such effective date. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.