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SECTION 6527
Special provisions
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 131
§ 6527. Special provisions. 1. A not-for-profit medical or dental
expense indemnity corporation or a hospital service corporation
organized under the insurance law may employ licensed physicians and
enter into contracts with partnerships or medical corporations organized
under article forty-four of the public health law, health maintenance
organizations possessing a certificate of authority pursuant to article
forty-four of the public health law, professional corporations organized
under article fifteen of the business corporation law or other groups of
physicians to practice medicine on its behalf for persons insured under
its contracts or policies.

2. Notwithstanding any inconsistent provision of any general, special
or local law, any licensed physician who voluntarily and without the
expectation of monetary compensation renders first aid or emergency
treatment at the scene of an accident or other emergency, outside a
hospital, doctor's office or any other place having proper and necessary
medical equipment, to a person who is unconscious, ill or injured, shall
not be liable for damages for injuries alleged to have been sustained by
such person or for damages for the death of such person alleged to have
occurred by reason of an act or omission in the rendering of such first
aid or emergency treatment unless it is established that such injuries
were or such death was caused by gross negligence on the part of such
physician. Nothing in this subdivision shall be deemed or construed to
relieve a licensed physician from liability for damages for injuries or
death caused by an act or omission on the part of a physician while
rendering professional services in the normal and ordinary course of his
practice.

3. No individual who serves as a member of (a) a committee established
to administer a utilization review plan of a hospital, including a
hospital as defined in article twenty-eight of the public health law or
a hospital as defined in subdivision ten of section 1.03 of the mental
hygiene law, or (b) a committee having the responsibility of the
investigation of an incident reported pursuant to section 29.29 of the
mental hygiene law or the evaluation and improvement of the quality of
care rendered in a hospital as defined in article twenty-eight of the
public health law or a hospital as defined in subdivision ten of section
1.03 of the mental hygiene law, or (c) any medical review committee or
subcommittee thereof of a local, county or state medical, dental,
podiatry or optometrical society, any such society itself, a
professional standards review organization or an individual when such
committee, subcommittee, society, organization or individual is
performing any medical or quality assurance review function including
the investigation of an incident reported pursuant to section 29.29 of
the mental hygiene law, either described in clauses (a) and (b) of this
subdivision, required by law, or involving any controversy or dispute
between (i) a physician, dentist, podiatrist or optometrist or hospital
administrator and a patient concerning the diagnosis, treatment or care
of such patient or the fees or charges therefor or (ii) a physician,
dentist, podiatrist or optometrist or hospital administrator and a
provider of medical, dental, podiatric or optometrical services
concerning any medical or health charges or fees of such physician,
dentist, podiatrist or optometrist, or (d) a committee appointed
pursuant to section twenty-eight hundred five-j of the public health law
to participate in the medical and dental malpractice prevention program,
or (e) any individual who participated in the preparation of incident
reports required by the department of health pursuant to section
twenty-eight hundred five-l of the public health law, or (f) a committee
established to administer a utilization review plan, or a committee
having the responsibility of evaluation and improvement of the quality
of care rendered, in a health maintenance organization organized under
article forty-four of the public health law or article forty-three of
the insurance law, including a committee of an individual practice
association or medical group acting pursuant to a contract with such a
health maintenance organization, shall be liable in damages to any
person for any action taken or recommendations made, by him within the
scope of his function in such capacity provided that (a) such individual
has taken action or made recommendations within the scope of his
function and without malice, and (b) in the reasonable belief after
reasonable investigation that the act or recommendation was warranted,
based upon the facts disclosed.

Neither the proceedings nor the records relating to performance of a
medical or a quality assurance review function or participation in a
medical and dental malpractice prevention program nor any report
required by the department of health pursuant to section twenty-eight
hundred five-l of the public health law described herein, including the
investigation of an incident reported pursuant to section 29.29 of the
mental hygiene law, shall be subject to disclosure under article
thirty-one of the civil practice law and rules except as hereinafter
provided or as provided by any other provision of law. No person in
attendance at a meeting when a medical or a quality assurance review or
a medical and dental malpractice prevention program or an incident
reporting function described herein was performed, including the
investigation of an incident reported pursuant to section 29.29 of the
mental hygiene law, shall be required to testify as to what transpired
thereat. The prohibition relating to discovery of testimony shall not
apply to the statements made by any person in attendance at such a
meeting who is a party to an action or proceeding the subject matter of
which was reviewed at such meeting.

4. This article shall not be construed to affect or prevent the
following:

a. The furnishing of medical assistance in an emergency;

b. The practice of the religious tenets of any church;

c. A physician from refusing to perform an act constituting the
practice of medicine to which he is conscientiously opposed by reason of
religious training and belief.

d. The organization of a medical corporation under article forty-four
of the public health law, the organization of a university faculty
practice corporation under section fourteen hundred twelve of the
not-for-profit corporation law or the organization of a professional
service corporation under article fifteen of the business corporation
law.

e. The physician's use of whatever medical care, conventional or
non-conventional, which effectively treats human disease, pain, injury,
deformity or physical condition.

5. There shall be no monetary liability on the part of, and no cause
of action for damages shall arise against, any person, partnership,
corporation, firm, society, or other entity on account of the
communication of information in the possession of such person or entity,
or on account of any recommendation or evaluation, regarding the
qualifications, fitness, or professional conduct or practices of a
physician, to any governmental agency, medical or specialists society, a
hospital as defined in article twenty-eight of the public health law, a
hospital as defined in subdivision ten of section 1.03 of the mental
hygiene law, or a health maintenance organization organized under
article forty-four of the public health law or article forty-three of
the insurance law, including a committee of an individual practice
association or medical group acting pursuant to a contract with a health
maintenance organization. The foregoing shall not apply to information
which is untrue and communicated with malicious intent.

6. A licensed physician may prescribe and order a non-patient specific
regimen to a registered professional nurse, pursuant to regulations
promulgated by the commissioner, and consistent with the public health
law, for:

(a) administering immunizations.

(b) the emergency treatment of anaphylaxis.

(c) administering purified protein derivative (PPD) tests or other
tests to detect or screen for tuberculosis infections.

(d) administering tests to determine the presence of the human
immunodeficiency virus.

(e) administering tests to determine the presence of the hepatitis C
virus.

(f) the urgent or emergency treatment of opioid related overdose or
suspected opioid related overdose.

(g) screening of persons at increased risk of syphilis, gonorrhea and
chlamydia.

* 7. A licensed physician may prescribe and order a patient specific
order or non-patient specific regimen to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner, and consistent with the
public health law, for administering immunizations to prevent influenza,
pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria,
COVID-19, or pertussis disease and medications required for emergency
treatment of anaphylaxis. Nothing in this subdivision shall authorize
unlicensed persons to administer immunizations, vaccines or other drugs.

* NB Effective until July 1, 2022

* 7. A licensed physician may prescribe and order a patient specific
order or non-patient specific regimen to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner, and consistent with the
public health law, for administering immunizations to prevent influenza,
pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or
pertussis disease and medications required for emergency treatment of
anaphylaxis. Nothing in this subdivision shall authorize unlicensed
persons to administer immunizations, vaccines or other drugs.

* NB Effective and Repealed July 1, 2022

* 7. A licensed physician may prescribe and order a non-patient
specific regimen to a licensed pharmacist, pursuant to regulations
promulgated by the commissioner, and consistent with the public health
law, for administering immunizations. Nothing in this subdivision shall
authorize unlicensed persons to administer immunizations, vaccines or
other drugs.

* NB Effective and Repealed July 1, 2022

7-a. A licensed physician may prescribe and order a patient specific
order or non-patient specific order to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner in consultation with the
commissioner of health, and consistent with the public health law, for
dispensing up to a seven day starter pack of HIV post-exposure
prophylaxis for the purpose of preventing human immunodeficiency virus
infection following a potential human immunodeficiency virus exposure.

8. Nothing in this article shall prohibit the provision of
psychotherapy as defined in subdivision two of section eighty-four
hundred one of this title to the extent permissible within the scope of
practice of medicine, by any not-for-profit corporation or education
corporation providing services within the state of New York and
operating under a waiver pursuant to section sixty-five hundred three-a
of this title, provided that such entities offering such psychotherapy
services shall only provide such services through an individual
appropriately licensed or otherwise authorized to provide such services
or a professional entity authorized by law to provide such services.

9. (a) Nothing in this article shall be construed to affect or prevent
a person in training or trained and deemed qualified by a supervising
licensed physician, to assist the licensed physician in the care of a
patient for the purpose of instilling mydriatic or cycloplegic eye drops
and anesthetic eye drops in conjunction with such dilating drops to the
surface of the eye of a patient, provided that the person instilling
such eye drops is:

(i) under the on-site supervision of a supervising licensed physician;

(ii) at least eighteen years of age; and

(iii) complies with standards issued by the department.

(b) The supervising licensed physician shall submit a form prescribed
by the department detailing the identity of each person instilling
mydriatic or cycloplegic eye drops and anesthetic eye drops in
conjunction with such dilating drops to the surface of the eye of a
patient, under his or her supervision, attesting to compliance with the
above requirements.

(c) The supervising licensed physician's use of any such person
pursuant to the terms of this subdivision shall be undertaken with
professional judgment in order to ensure the safety and well-being of
the patient. Such use shall subject the licensed physician to the full
disciplinary and regulatory authority of the office of professional
medical conduct and the board of regents. The licensed physician must
notify the patient or the patient's designated health care surrogate
that the licensed physician may utilize the services of an individual to
administer certain eye drops and must provide the patient or the
patient's designated health care surrogate the opportunity to refuse the
licensed physician's plan to utilize such person.

10. A licensed physician may prescribe and order a
non-patient-specific regimen to a licensed pharmacist, for insulin and
related supplies pursuant to section sixty-eight hundred one of this
title.