S T A T E O F N E W Y O R K ________________________________________________________________________ 3447--A 2015-2016 Regular Sessions I N A S S E M B L Y January 22, 2015 ___________ Introduced by M. of A. SCARBOROUGH -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to allowing out-of-state licensed health care professionals to perform services in this state in certain limited circumstances and on a voluntary basis THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 6526 of the education law is amended by adding a 2 new subdivision 10 to read as follows: 3 10. ANY PERSON WHO IS LICENSED TO PRACTICE AS A PHYSICIAN, PHYSICIAN'S 4 ASSISTANT, MASSAGE THERAPIST, PHYSICAL THERAPIST, CHIROPRACTOR, DENTIST, 5 DENTAL HYGIENIST, OPTOMETRIST, ACUPUNCTURIST, NURSE, OR NURSE PRACTI- 6 TIONER IN ANOTHER JURISDICTION AND WHO COMPLIES WITH SECTION SIXTY-FIVE 7 HUNDRED TWENTY-SIX-A OF THIS ARTICLE. 8 S 2. The education law is amended by adding a new section 6526-a to 9 read as follow: 10 S 6526-A. VOLUNTEER PROFESSIONALS. 1. SPONSORING ORGANIZATION 11 REQUIRED. PRIOR TO OFFERING ANY VOLUNTEER MEDICAL SERVICES, ANY PERSON 12 WHO IS LICENSED TO PRACTICE AS A PHYSICIAN, PHYSICIAN'S ASSISTANT, 13 MASSAGE THERAPIST, PHYSICAL THERAPIST, CHIROPRACTOR, DENTIST, DENTAL 14 HYGIENIST, OPTOMETRIST, ACUPUNCTURIST, NURSE, OR NURSE PRACTITIONER IN 15 ANOTHER JURISDICTION MUST FIRST ASSOCIATE WITH AND BE SPONSORED BY A 16 REGISTERED SPONSORING ORGANIZATION AS SUCH ORGANIZATION IS DEFINED IN 17 THIS SECTION. 18 2. REGISTRATION REQUIREMENTS AND REVOCATION. (A) BEFORE PROVIDING 19 VOLUNTEER MEDICAL SERVICES IN THIS STATE, A SPONSORING ORGANIZATION 20 SHALL REGISTER WITH THE DEPARTMENT OF HEALTH BY SUBMITTING A REGISTRA- 21 TION FEE OF FIFTY DOLLARS AND FILING A REGISTRATION FORM. THE FIFTY 22 DOLLAR REGISTRATION FEE SHALL NOT APPLY TO ANY SPONSORING ORGANIZATION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08085-02-5 A. 3447--A 2 1 WHEN PROVIDING VOLUNTEER HEALTH CARE SERVICES IN CASES OF NATURAL OR 2 MAN-MADE DISASTERS. SUCH REGULATION FORM SHALL CONTAIN: 3 (I) THE NAME OF THE SPONSORING ORGANIZATION; 4 (II) THE NAME OF PRINCIPAL INDIVIDUAL OR INDIVIDUALS WHO ARE THE OFFI- 5 CERS OR ORGANIZATIONAL OFFICIALS RESPONSIBLE FOR THE OPERATION OF THE 6 SPONSORING ORGANIZATION; 7 (III) THE ADDRESS, INCLUDING STREET, CITY, ZIP CODE AND COUNTY, OF THE 8 SPONSORING ORGANIZATION'S PRINCIPAL OFFICE ADDRESS AND THE SAME ADDRESS 9 INFORMATION FOR EACH PRINCIPAL OR OFFICIAL LISTED IN SUBPARAGRAPH (II) 10 OF THIS PARAGRAPH; 11 (IV) TELEPHONE NUMBERS FOR THE PRINCIPAL OFFICE OF THE SPONSORING 12 AGENCY AND EACH PRINCIPAL OR OFFICIAL LISTED IN SUBPARAGRAPH (II) OF 13 THIS PARAGRAPH; AND 14 (V) SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT SHALL REQUIRE. 15 (B) UPON ANY CHANGE IN THE INFORMATION REQUIRED UNDER PARAGRAPH (A) OF 16 THIS SUBDIVISION, THE SPONSORING ORGANIZATION SHALL NOTIFY THE DEPART- 17 MENT IN WRITING OF SUCH CHANGE WITHIN THIRTY DAYS OF ITS OCCURRENCE. 18 (C) THE SPONSORING ORGANIZATION SHALL FILE A YEARLY VOLUNTARY SERVICES 19 REPORT WITH THE DEPARTMENT OF HEALTH THAT LISTS ALL LICENSED HEALTH CARE 20 PROVIDERS WHO PROVIDED VOLUNTARY HEALTH CARE SERVICES IN THIS STATE 21 DURING THE PRECEDING YEAR. THE SPONSORING ORGANIZATION SHALL MAINTAIN ON 22 FILE FOR FIVE YEARS FOLLOWING THE DATE OF SERVICE ADDITIONAL INFORMA- 23 TION, INCLUDING THE DATE, PLACE AND TYPE OF SERVICES PROVIDED. 24 (D) EACH SPONSORING ORGANIZATION SHALL MAINTAIN A LIST OF HEALTH CARE 25 PROVIDERS ASSOCIATED WITH ITS PROVISION OF VOLUNTARY HEALTH SERVICES. 26 FOR EACH SUCH HEALTH CARE PROVIDER, THE ORGANIZATION SHALL MAINTAIN A 27 COPY OF A CURRENT LICENSE, CERTIFICATE OR STATEMENT OF EXEMPTION FROM 28 LICENSURE OR CERTIFICATION OR, IN THE EVENT THAT THE HEALTH CARE PROVID- 29 ER IS CURRENTLY LICENSED IN THIS STATE, A COPY OF THE HEALTH CARE 30 PROVIDER'S LICENSE VERIFICATION OBTAINED FROM A STATE-SPONSORED WEB 31 SITE. 32 (E) THE SPONSORING ORGANIZATION SHALL MAINTAIN SUCH RECORDS FOR A 33 PERIOD OF AT LEAVE FIVE YEARS FOLLOWING THE PROVISION OF HEALTH CARE 34 SERVICES AND SHALL FURNISH SUCH RECORDS UPON REQUEST TO ANY REGULATORY 35 BOARD ESTABLISHED UNDER THIS TITLE. 36 (F) COMPLIANCE WITH PARAGRAPHS (A) AND (C) OF THIS SUBDIVISION SHALL 37 BE PRIMA FACIE EVIDENCE THAT THE SPONSORING ORGANIZATION HAS EXERCISED 38 DUE CARE IN ITS SELECTION OF HEALTH CARE PROVIDERS. 39 (G) THE DEPARTMENT MAY REVOKE THE REGISTRATION OF ANY SPONSORING 40 ORGANIZATION THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPHS 41 (A) THROUGH (E) OF THIS SUBDIVISION. 42 3. IMMUNITY FOR VOLUNTARY PROVISION OF HEALTH CARE SERVICES. 43 (A) NO PERSON WHO IS LICENSED, CERTIFIED OR AUTHORIZED BY THE BOARD OF 44 ANY OF THE PROFESSIONS OF THE HEALING ACTS, AS ENUMERATED IN THIS TITLE, 45 AND WHO ENGAGES IN THE VOLUNTARY PROVISION OF HEALTH CARE SERVICES WITH- 46 IN THE LIMITS OF THE PERSON'S LICENSE, CERTIFICATION OR AUTHORIZATION TO 47 ANY PATIENT OF A SPONSORING ORGANIZATION WITHIN THE MEANING OF THIS 48 SECTION, SHALL BE LIABLE FOR ANY CIVIL DAMAGES FOR ANY ACT OR OMISSION 49 RESULTING FROM THE RENDERING OF SUCH SERVICES, UNLESS THE ACT OR OMIS- 50 SION WAS THE RESULT OF SUCH PERSON'S GROSS NEGLIGENCE OR WILLFUL MISCON- 51 DUCT. 52 (B) THE VOLUNTEER LICENSEE WHO IS PROVIDING FREE CARE SHALL NOT 53 RECEIVE COMPENSATION OF ANY TYPE, DIRECTLY OR INDIRECTLY, OR ANY BENE- 54 FITS OF ANY TYPE WHATSOEVER, OR ANY CONSIDERATION OF ANY NATURE, FROM 55 ANYONE FOR SUCH FREE CARE, NOR SHALL SUCH SERVICES BE PART OF THE 56 PROVIDER'S TRAINING OR ASSIGNMENT. A. 3447--A 3 1 (C) THE VOLUNTEER LICENSEE MUST BE ACTING WITHIN THE SCOPE OF SUCH 2 LICENSE, CERTIFICATION OR AUTHORITY. 3 (D) A HEALTH CARE LICENSEE PROVIDING FREE HEALTH CARE SHALL NOT ENGAGE 4 IN ACTIVITIES AT A CLINIC OR AT THE HEALTH CARE LICENSEE'S OFFICE, IF 5 THE ACTIVITIES ARE PERFORMED ON BEHALF OF THE SPONSORING ORGANIZATION, 6 UNLESS THOSE ACTIVITIES ARE AUTHORIZED BY THE APPROPRIATE AUTHORITIES TO 7 BE PERFORMED AT THE CLINIC OR OFFICE AND THE CLINIC OR OFFICE IS IN 8 COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS. 9 (E) FOR PURPOSES OF THIS SECTION, ANY COMMISSIONED OR CONTRACT MEDICAL 10 OFFICER OR DENTIST SERVING ON ACTIVE DUTY IN THE UNITED STATES ARMED 11 FORCES AND ASSIGNED TO DUTY AS A PRACTICING, COMMISSIONED OR CONTRACT 12 MEDICAL OFFICER OR DENTIST AT ANY MILITARY HOSPITAL OR MEDICAL FACILITY 13 OWNED AND OPERATED BY THE UNITED STATES GOVERNMENT SHALL BE DEEMED TO BE 14 LICENSED PURSUANT TO THIS SECTION. 15 S 3. This act shall take effect immediately.