Bill Text: NY A03870 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to full and good faith participation in peer review activities.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - referred to health [A03870 Detail]
Download: New_York-2019-A03870-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3870 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. ORTIZ, GALEF, PERRY -- read once and referred to the Committee on Health AN ACT to amend the public health law and the education law, in relation to full and good faith participation in peer review activities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 2805-m of the public health 2 law, as amended by chapter 808 of the laws of 1987, are amended to read 3 as follows: 4 1. The information required to be collected and maintained pursuant to 5 [sections twenty-eight hundred five-j and] section twenty-eight hundred 6 five-k of this article, reports required to be submitted pursuant to 7 section twenty-eight hundred five-l of this article and any incident 8 reporting requirements imposed upon diagnostic and treatment centers 9 pursuant to the provisions of this chapter shall be kept confidential 10 and shall not be released except to the department or pursuant to subdi- 11 vision four of section twenty-eight hundred five-k of this article. 12 2. Notwithstanding any other provisions of law, none of the records, 13 documentation or committee actions or records required pursuant to 14 [sections twenty-eight hundred five-j and] section twenty-eight hundred 15 five-k of this article, the reports required pursuant to section twen- 16 ty-eight hundred five-l of this article nor any incident reporting 17 requirements imposed upon diagnostic and treatment centers pursuant to 18 the provisions of this chapter shall be subject to disclosure under 19 article six of the public officers law or article thirty-one of the 20 civil practice law and rules, except as hereinafter provided or as 21 provided by any other provision of law. No person in attendance at a 22 meeting of any such committee shall be required to testify as to what 23 transpired thereat. The prohibition relating to discovery of testimony 24 shall not apply to the statements made by any person in attendance at EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08197-01-9A. 3870 2 1 such a meeting who is a party to an action or proceeding the subject 2 matter of which was reviewed at such meeting. 3 § 2. Section 6530 of the education law is amended by adding a new 4 subdivision 50 to read as follows: 5 50. Failure to fully cooperate and participate, reasonably and in good 6 faith, in the quality assurance and peer review programs activities, 7 requirements and procedures covered by section twenty-eight hundred 8 five-j of the public health law. 9 § 3. Subdivision 1 of section 2805-k of the public health law, as 10 amended by chapter 485 of the laws of 1986, paragraph (f) as amended by 11 chapter 477 of the laws of 2008 and paragraph (g) as relettered by chap- 12 ter 786 of the laws of 1992, is amended to read as follows: 13 1. Prior to granting or renewing professional privileges or associ- 14 ation of any physician, dentist or podiatrist or hiring a physician, 15 dentist or podiatrist, a hospital or facility approved pursuant to this 16 article shall request from the physician, dentist or podiatrist and the 17 physician, dentist or podiatrist shall be required to provide the 18 following information: 19 (a) The name of any hospital or facility with or at which the physi- 20 cian, dentist or podiatrist had or has any association, employment, 21 privileges or practice; 22 (b) Where such association, employment, privilege or practice was 23 discontinued, the reasons for its discontinuation; 24 (c) Any pending professional medical, dental or podiatric misconduct 25 proceedings or any pending medical malpractice actions in this state or 26 another state, the substance of the allegations in such proceedings or 27 actions, and any additional information concerning such proceedings or 28 actions as the physician, dentist or podiatrist may deem appropriate; 29 (d) The substance of the findings in such actions or proceedings and 30 any additional information concerning such actions or proceedings as the 31 physician, dentist or podiatrist may deem appropriate; 32 (e) A waiver by the physician, dentist or podiatrist of any confiden- 33 tiality provisions concerning the information required to be provided to 34 hospitals pursuant to this subdivision; [and] 35 (f) Documentation that the physician, dentist or podiatrist has 36 completed the course work or training as mandated by section two hundred 37 thirty-nine of this chapter or section six thousand five hundred five-b 38 of the education law. A hospital or facility shall not grant or renew 39 professional privileges or association to a physician, dentist, or 40 podiatrist who has not completed such course work or training[.]; 41 (g) Documentation that the physician, dentist or podiatrist agrees to 42 full, good faith cooperation and participation in any peer review proc- 43 ess, and termination of all privileges, including employment, if such 44 physician, dentist or podiatrist fails to fully cooperate and partic- 45 ipate; and 46 (h) A verification by the physician, dentist or podiatrist that the 47 information provided by the physician, dentist or podiatrist is true and 48 accurate. 49 § 4. This act shall take effect on the first of January next succeed- 50 ing the date on which it shall have become a law.
