S T A T E O F N E W Y O R K
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1476
2025-2026 Regular Sessions
I N S E N A T E
January 10, 2025
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Introduced by Sens. KRUEGER, BRISPORT, BROUK, FERNANDEZ, GONZALEZ,
HINCHEY, HOYLMAN-SIGAL, JACKSON, MAYER, SALAZAR, WEBB -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03774-01-5
S. 1476 2
THE PATIENT'S HEALTH CARE REPRESENTATIVE ON A SEPARATE WRITTEN DOCUMENT:
THEIR STATUS WITH THE OFFICE OF PROFESSIONAL MISCONDUCT OR FROM A 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 MISCONDUCT 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 PROFES-
SIONAL 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 PROFES-
SIONAL 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.
S. 1476 3
(V) THE INDIVIDUAL SHALL NOT BE REQUIRED TO PROVIDE THE DISCLOSURE
PRIOR TO PERFORMING ANY TREATMENT, SERVICE, PROCEDURE, OR OTHER DIRECT
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 THEIR 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, 2026 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.
