Bill Text: NY A06665 | 2009-2010 | General Assembly | Amended
Bill Title: Prohibits participation in torture and improper treatment of prisoners by health care professionals; prohibits a health care professional from engaging, assisting, planning the torture or improper treatment of a prisoner; requires health care professionals to report torture and improper treatment.
Spectrum: Partisan Bill (Democrat 45-1)
Status: (Introduced - Dead) 2010-06-23 - ordered to third reading rules cal.284 [A06665 Detail]
Download: New_York-2009-A06665-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6665--C
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. GOTTFRIED, CAHILL, J. RIVERA, SCHIMEL, GLICK,
CLARK, ALESSI, MILLMAN, ROBINSON, CARROZZA, JEFFRIES, ESPAILLAT,
PAULIN, HOOPER, KELLNER, JAFFEE, REILLY, BARRON, LIFTON, COOK, LANC-
MAN, PERRY, ENGLEBRIGHT, O'DONNELL, ARROYO -- Multi-Sponsored by -- M.
of A. BRENNAN, DINOWITZ, GALEF, GIBSON, HEASTIE, LUPARDO, McENENY,
MENG, J. MILLER, NOLAN, PEOPLES-STOKES, PHEFFER, ROSENTHAL, SCARBOR-
OUGH, TOWNS, WEISENBERG, ZEBROWSKI -- read once and referred to the
Committee on Higher Education -- reported and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- reported
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, the education law and the labor
law, in relation to prohibiting participation in torture and improper
treatment of prisoners by health care professionals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative policy and intent. This legislation is based
2 on, and is intended to give effect to, international treaties and stand-
3 ards; federal, state and local law; and professional standards relating
4 to torture, improper treatment of prisoners, and related matters. It is
5 guided by two basic principles: (1) health care professionals shall be
6 dedicated to providing the highest standard of health care, with
7 compassion and respect for human dignity and rights; and (2) torture and
8 improper treatment of prisoners are wrong and inconsistent with the
9 practice of the health care professions. The legislature finds that the
10 conduct prohibited by this act violates the ethical and legal obli-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00774-09-0
A. 6665--C 2
1 gations of licensed health care professionals. This legislation will
2 further protect the professionalism of New York state licensed health
3 care professionals by authorizing and obligating them to refuse to
4 participate in torture and improper treatment of prisoners, which in
5 turn will protect the life and health of the people of the state and
6 those with whom New York licensed health care professionals interact. A
7 health care professional who comes to the aid of a prisoner should not
8 be presumed to be in violation when she or he is fulfilling the ethical
9 principle of beneficence. In contrast, a health care professional who,
10 for example, attends to a prisoner in order to allow torture or improper
11 treatment to commence or continue is not acting beneficently. Such
12 practices are inconsistent with professional ethics and standards and
13 are violations of this legislation. The legislature is mindful that
14 ordinarily there are limits on New York state's jurisdiction relating to
15 conduct outside the state or under federal authority. However, it is
16 proper for the state to regulate health care professional licensure in
17 relation to a professional's conduct, even where the conduct occurs
18 outside the state; certain wrongful out-of-state conduct is already
19 grounds for professional discipline. Therefore, it is the legislature's
20 intent that this legislation be applied to the fullest extent possible.
21 S 2. The public health law is amended by adding a new section 22 to
22 read as follows:
23 S 22. PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY
24 HEALTH CARE PROFESSIONALS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE
25 TERMS "TORTURE" AND "IMPROPER TREATMENT" SHALL BE INTERPRETED IN ACCORD-
26 ANCE WITH APPLICABLE INTERNATIONAL TREATIES, PRINCIPLES AND STANDARDS AS
27 WELL AS THE DECISIONS, OBSERVATIONS AND RECOMMENDATIONS OF THE CORRE-
28 SPONDING INTERPRETING BODIES. HOWEVER, FOR THE PURPOSES OF THIS SECTION,
29 IT SHALL NOT BE AN ELEMENT OF EITHER "TORTURE" OR "IMPROPER TREATMENT"
30 THAT SUCH ACTS BE COMMITTED BY A GOVERNMENT OR NON-GOVERNMENT ACTOR,
31 ENTITY, OR OFFICIAL; UNDER COLOR OF LAW; OR NOT UNDER COLOR OF LAW. AS
32 USED IN THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE
33 FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
34 (A) "HEALTH CARE PROFESSIONAL" MEANS ANY PERSON LICENSED, REGISTERED,
35 CERTIFIED, OR EXEMPT TO PRACTICE UNDER (I) ANY OF THE FOLLOWING ARTICLES
36 OF THE EDUCATION LAW: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
37 THIRTY-ONE-B (PHYSICIAN ASSISTANTS AND SPECIALIST ASSISTANTS), ONE
38 HUNDRED THIRTY-TWO (CHIROPRACTIC), ONE HUNDRED THIRTY-THREE (DENTISTRY
39 AND DENTAL HYGIENE), ONE HUNDRED THIRTY-SIX (PHYSICAL THERAPY AND PHYS-
40 ICAL THERAPIST ASSISTANTS), ONE HUNDRED THIRTY-SEVEN (PHARMACY), ONE
41 HUNDRED THIRTY-NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY
42 PRACTICE ACT), ONE HUNDRED FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE
43 (OPTOMETRY), ONE HUNDRED FORTY-FOUR (OPHTHALMIC DISPENSING), ONE HUNDRED
44 FIFTY-THREE (PSYCHOLOGY), ONE HUNDRED FIFTY-FOUR (SOCIAL WORK), ONE
45 HUNDRED FIFTY-FIVE (MASSAGE THERAPY), ONE HUNDRED FIFTY-SIX (OCCUPA-
46 TIONAL THERAPY), ONE HUNDRED FIFTY-SEVEN (DIETETICS AND NUTRITION), ONE
47 HUNDRED FIFTY-NINE (SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS), ONE
48 HUNDRED SIXTY (ACUPUNCTURE), ONE HUNDRED SIXTY-THREE (MENTAL HEALTH
49 PRACTITIONERS), ONE HUNDRED SIXTY-FOUR (RESPIRATORY THERAPISTS AND
50 RESPIRATORY THERAPY TECHNICIANS), ONE HUNDRED SIXTY-FIVE (CLINICAL LABO-
51 RATORY TECHNOLOGY PRACTICE ACT), OR ONE HUNDRED SIXTY-SIX (MEDICAL PHYS-
52 ICS PRACTICE), OR (II) ARTICLE THIRTY-FIVE OF THIS CHAPTER (PRACTICE OF
53 RADIOLOGIC TECHNOLOGY).
54 (B) "TORTURE" MEANS ANY INTENTIONAL ACT OR INTENTIONAL OMISSION BY
55 WHICH SEVERE PAIN OR SUFFERING, WHETHER PHYSICAL OR MENTAL, IS INFLICTED
56 ON A PERSON FOR SUCH PURPOSES AS OBTAINING FROM THE PERSON OR FROM A
A. 6665--C 3
1 THIRD PERSON INFORMATION OR A CONFESSION, PUNISHING THE PERSON FOR AN
2 ACT THE PERSON OR A THIRD PERSON HAS COMMITTED (INCLUDING THE HOLDING OF
3 A BELIEF OR MEMBERSHIP IN ANY GROUP) OR IS SUSPECTED OF HAVING COMMIT-
4 TED, OR INTIMIDATING OR COERCING THE PERSON OR A THIRD PERSON, OR FOR
5 ANY REASON BASED ON DISCRIMINATION OF ANY KIND. IT DOES NOT INCLUDE
6 PAIN OR SUFFERING ARISING ONLY FROM, INHERENT IN OR INCIDENTAL TO LAWFUL
7 SANCTION.
8 (C) "IMPROPER TREATMENT" MEANS (I) CRUEL, INHUMAN OR DEGRADING, TREAT-
9 MENT OR PUNISHMENT AS DEFINED BY APPLICABLE INTERNATIONAL TREATIES AND
10 THEIR CORRESPONDING INTERPRETING BODIES; OR CRUEL AND UNUSUAL PUNISHMENT
11 AS DEFINED IN THE UNITED STATES CONSTITUTION OR THE NEW YORK STATE
12 CONSTITUTION; OR (II) ANY VIOLATION OF SUBDIVISION THREE OR FOUR OF THIS
13 SECTION.
14 (D) "PRISONER" MEANS ANY PERSON WHO IS SUBJECT TO PUNISHMENT,
15 DETENTION, INCARCERATION, INTERROGATION, INTIMIDATION OR COERCION,
16 REGARDLESS OF WHETHER SUCH ACTION IS PERFORMED OR COMMITTED BY A GOVERN-
17 MENT OR NON-GOVERNMENT ACTOR, ENTITY, OR OFFICIAL; UNDER COLOR OF LAW;
18 OR NOT UNDER COLOR OF LAW.
19 (E) TO "ADVERSELY AFFECT" A PERSON'S PHYSICAL OR MENTAL HEALTH OR
20 CONDITION DOES NOT INCLUDE CAUSING ADVERSE EFFECTS THAT MAY ARISE FROM
21 TREATMENT OR CARE WHEN THAT TREATMENT OR CARE IS PERFORMED IN ACCORDANCE
22 WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AND
23 FOR THE PURPOSES OF EVALUATING, TREATING, PROTECTING OR IMPROVING THE
24 PERSON'S HEALTH.
25 (F) "INTERROGATION" MEANS THE QUESTIONING RELATED TO LAW ENFORCEMENT,
26 THE ENFORCEMENT OF RULES OR REGULATIONS OF A CLOSED INSTITUTION (SUCH AS
27 A JAIL OR OTHER DETENTION FACILITY, POLICE FACILITY, PRISON, IMMIGRATION
28 FACILITY, OR PSYCHIATRIC OR MILITARY FACILITY) OR TO MILITARY AND
29 NATIONAL SECURITY INTELLIGENCE GATHERING, DESIGNED TO PREVENT HARM OR
30 DANGER TO INDIVIDUALS, THE PUBLIC, OR NATIONAL SECURITY, WHETHER BY A
31 GOVERNMENT OR NON-GOVERNMENT ACTOR, ENTITY OR OFFICIAL. "INTERROGATION"
32 SHALL ALSO INCLUDE QUESTIONING TO AID OR ACCOMPLISH ANY ILLEGAL ACTIVITY
33 OR PURPOSE, WHETHER BY A GOVERNMENT OR NON-GOVERNMENT ACTOR, ENTITY OR
34 OFFICIAL. INTERROGATIONS ARE DISTINCT FROM QUESTIONING USED BY HEALTH
35 CARE PROFESSIONALS TO ASSESS THE PHYSICAL OR MENTAL CONDITION OF AN
36 INDIVIDUAL.
37 2. KNOWLEDGE. IT SHALL BE AN ELEMENT OF ANY VIOLATION OF THIS SECTION
38 THAT THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THAT HIS OR HER
39 CONDUCT IS OF THE KIND PROHIBITED UNDER THIS SECTION. IF A HEALTH CARE
40 PROFESSIONAL WHO OPERATES IN A CLOSED INSTITUTION SUCH AS A JAIL OR
41 OTHER DETENTION FACILITY, POLICE FACILITY, PRISON, IMMIGRATION FACILITY
42 OR PSYCHIATRIC OR MILITARY FACILITY, IS NOT GIVEN ACCESS BY THE INSTITU-
43 TION TO THE INFORMATION NECESSARY TO ASCERTAIN WHETHER TORTURE OR
44 IMPROPER TREATMENT HAS OCCURRED, IS OCCURRING OR WILL OCCUR, IN ORDER TO
45 ASSESS THE NATURE OF HIS OR HER CONDUCT AS COVERED BY THIS SECTION, THE
46 HEALTH CARE PROFESSIONAL MUST PRESUME THAT THE PRISONER FACES RISK OF
47 TORTURE OR IMPROPER TREATMENT.
48 3. GENERAL OBLIGATIONS OF HEALTH CARE PROFESSIONALS. (A) EVERY HEALTH
49 CARE PROFESSIONAL SHALL PROVIDE EVERY PRISONER UNDER HIS OR HER PROFES-
50 SIONAL CARE WITH CARE OR TREATMENT CONSISTENT WITH GENERALLY APPLICABLE
51 LEGAL, HEALTH AND PROFESSIONAL STANDARDS TO THE EXTENT THAT HE OR SHE IS
52 REASONABLY ABLE TO DO SO UNDER THE CIRCUMSTANCES, INCLUDING PROTECTING
53 THE CONFIDENTIALITY OF PATIENT INFORMATION.
54 (B) IN ALL CLINICAL ASSESSMENTS RELATING TO A PRISONER, WHETHER FOR
55 THERAPEUTIC OR EVALUATIVE PURPOSES, HEALTH CARE PROFESSIONALS SHALL
A. 6665--C 4
1 EXERCISE THEIR PROFESSIONAL JUDGMENT INDEPENDENT OF THE INTERESTS OF A
2 GOVERNMENT OR OTHER THIRD PARTY.
3 4. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PROHIBITED. (A) NO
4 HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR SKILLS IN
5 RELATION TO, ENGAGE IN ANY PROFESSIONAL RELATIONSHIP WITH, OR PERFORM
6 PROFESSIONAL SERVICES IN RELATION TO ANY PRISONER WHERE THE PURPOSE IS
7 NOT SOLELY TO EVALUATE, TREAT, PROTECT, OR IMPROVE THE PHYSICAL OR
8 MENTAL HEALTH OR CONDITION OF THE PRISONER (EXCEPT AS PERMITTED BY PARA-
9 GRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION).
10 (B) NO HEALTH CARE PROFESSIONAL SHALL ENGAGE, DIRECTLY OR INDIRECTLY,
11 IN ANY ACT WHICH CONSTITUTES PARTICIPATION IN, COMPLICITY IN, INCITEMENT
12 TO, ASSISTANCE IN, PLANNING OR DESIGN OF, OR ATTEMPT OR CONSPIRACY TO
13 COMMIT TORTURE OR IMPROPER TREATMENT OF A PRISONER. PROHIBITED FORMS OF
14 ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
15 (I) PROVIDING MEANS, KNOWLEDGE OR SKILLS, INCLUDING CLINICAL FINDINGS
16 OR TREATMENT, WITH THE INTENT TO FACILITATE THE PRACTICE OF TORTURE OR
17 IMPROPER TREATMENT;
18 (II) PERMITTING HIS OR HER KNOWLEDGE, SKILLS OR CLINICAL FINDINGS OR
19 TREATMENT TO BE USED IN THE PROCESS OF OR TO FACILITATE TORTURE OR
20 IMPROPER TREATMENT;
21 (III) EXAMINING, EVALUATING, OR TREATING A PRISONER TO CERTIFY WHETHER
22 TORTURE OR IMPROPER TREATMENT CAN BEGIN, BE CONTINUED, OR BE RESUMED;
23 (IV) BEING PRESENT WHILE TORTURE OR IMPROPER TREATMENT IS BEING ADMIN-
24 ISTERED;
25 (V) OMITTING OR SUPPRESSING INDICATIONS OF TORTURE OR IMPROPER TREAT-
26 MENT FROM RECORDS OR REPORTS; AND
27 (VI) ALTERING HEALTH CARE RECORDS OR REPORTS TO HIDE, MISREPRESENT OR
28 DESTROY EVIDENCE OF TORTURE OR IMPROPER TREATMENT.
29 (C) NO HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR
30 SKILLS OR PERFORM ANY PROFESSIONAL SERVICE IN ORDER TO ASSIST IN THE
31 PUNISHMENT, DETENTION, INCARCERATION, INTIMIDATION, OR COERCION OF A
32 PRISONER WHEN SUCH ASSISTANCE IS PROVIDED IN A MANNER THAT MAY ADVERSELY
33 AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF THE PRISONER
34 (EXCEPT AS PERMITTED BY PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF THIS
35 SECTION).
36 (D) NO HEALTH CARE PROFESSIONAL SHALL PARTICIPATE IN THE INTERROGATION
37 OF A PRISONER, INCLUDING BEING PRESENT IN THE INTERROGATION ROOM, ASKING
38 OR SUGGESTING QUESTIONS, ADVISING ON THE USE OF SPECIFIC INTERROGATION
39 TECHNIQUES, MONITORING THE INTERROGATION, OR MEDICALLY OR PSYCHOLOGICAL-
40 LY EVALUATING A PERSON FOR THE PURPOSE OF IDENTIFYING POTENTIAL INTERRO-
41 GATION METHODS OR STRATEGIES. HOWEVER, THIS PARAGRAPH SHALL NOT BAR A
42 HEALTH CARE PROFESSIONAL FROM ENGAGING IN CONDUCT UNDER PARAGRAPH (C) OF
43 SUBDIVISION FIVE OF THIS SECTION.
44 5. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PERMITTED. A HEALTH
45 CARE PROFESSIONAL MAY ENGAGE IN THE FOLLOWING CONDUCT SO LONG AS IT DOES
46 NOT VIOLATE SUBDIVISION THREE OR FOUR OF THIS SECTION, IT DOES NOT
47 ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF A PRISON-
48 ER OR POTENTIAL SUBJECT, AND IS NOT OTHERWISE UNLAWFUL:
49 (A) APPROPRIATELY PARTICIPATING OR AIDING IN THE INVESTIGATION, PROSE-
50 CUTION, OR DEFENSE OF A CRIMINAL, ADMINISTRATIVE OR CIVIL MATTER;
51 (B) PARTICIPATING IN AN ACT THAT RESTRAINS A PRISONER OR TEMPORARILY
52 ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF A PRISONER, WHERE THE ACT
53 COMPLIES WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STAND-
54 ARDS, IS NECESSARY FOR THE PROTECTION OF THE PHYSICAL OR MENTAL HEALTH,
55 CONDITION OR SAFETY OF THE PRISONER, OTHER PRISONERS, OR PERSONS CARING
56 FOR, GUARDING OR CONFINING THE PRISONER;
A. 6665--C 5
1 (C) TRAINING RELATED TO THE FOLLOWING PURPOSES, SO LONG AS IT IS NOT
2 PROVIDED IN SUPPORT OF SPECIFIC ONGOING OR ANTICIPATED INTERROGATIONS:
3 (I) RECOGNIZING AND RESPONDING TO PERSONS WITH PHYSICAL OR MENTAL
4 ILLNESS OR CONDITIONS,
5 (II) THE POSSIBLE PHYSICAL AND MENTAL EFFECTS OF PARTICULAR TECHNIQUES
6 AND CONDITIONS OF INTERROGATION, OR
7 (III) THE DEVELOPMENT OF EFFECTIVE INTERROGATION STRATEGIES NOT
8 INVOLVING THE PRACTICE OF TORTURE OR IMPROPER TREATMENT.
9 6. DUTY TO REPORT. A HEALTH CARE PROFESSIONAL WHO HAS REASONABLE
10 GROUNDS (NOT BASED SOLELY ON PUBLICLY AVAILABLE INFORMATION) TO BELIEVE
11 THAT TORTURE, IMPROPER TREATMENT OR OTHER CONDUCT IN VIOLATION OF THIS
12 SECTION HAS OCCURRED, IS OCCURRING, OR WILL OCCUR SHALL, AS SOON AS IS
13 POSSIBLE WITHOUT JEOPARDIZING THE PHYSICAL SAFETY OF HIMSELF OR HERSELF,
14 THE PRISONER, OR OTHER PARTIES, REPORT SUCH CONDUCT TO:
15 (A) A GOVERNMENT AGENCY THAT THE HEALTH CARE PROFESSIONAL REASONABLY
16 BELIEVES HAS LEGAL AUTHORITY TO PUNISH OR PREVENT THE CONTINUATION OF
17 TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN VIOLATION
18 OF THIS SECTION AND IS REASONABLY LIKELY TO ATTEMPT TO DO SO; OR
19 (B) A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY THAT THE HEALTH CARE
20 PROFESSIONAL REASONABLY BELIEVES WILL NOTIFY SUCH A GOVERNMENT AGENCY OF
21 THE TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN
22 VIOLATION OF THIS SECTION OR TAKE OTHER ACTION TO PUBLICIZE OR PREVENT
23 SUCH TORTURE, TREATMENT OR CONDUCT; AND
24 (C) IN ADDITION TO REPORTING UNDER PARAGRAPH (A) OR (B) OF THIS SUBDI-
25 VISION: (I) IN THE CASE OF AN ALLEGED VIOLATION BY A HEALTH CARE PROFES-
26 SIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OR ONE HUNDRED
27 THIRTY-ONE-B OF THE EDUCATION LAW, A REPORT SHALL BE FILED WITH THE
28 OFFICE OF PROFESSIONAL MEDICAL CONDUCT; AND (II) IN THE CASE OF AN
29 ALLEGED VIOLATION BY ANY OTHER HEALTH CARE PROFESSIONAL LICENSED, REGIS-
30 TERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW, A REPORT
31 SHALL BE FILED WITH THE OFFICE OF PROFESSIONAL DISCIPLINE; PROVIDED THAT
32 FOR THE PURPOSE OF THIS PARAGRAPH, WHERE A PERSON HOLDS A LICENSE,
33 REGISTRATION OR CERTIFICATION UNDER THE LAWS OF A JURISDICTION OTHER
34 THAN THE STATE OF NEW YORK THAT IS FOR A PROFESSION SUBSTANTIALLY COMPA-
35 RABLE TO ONE LISTED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
36 THE PERSON SHALL BE DEEMED TO BE A HEALTH CARE PROFESSIONAL AND THE
37 PERSON'S LICENSE, REGISTRATION OR CERTIFICATION SHALL BE DEEMED TO BE
38 UNDER THE APPROPRIATE ARTICLE OF TITLE EIGHT OF THE EDUCATION LAW.
39 7. MITIGATION. THE FOLLOWING MAY BE CONSIDERED IN FULL OR PARTIAL
40 MITIGATION OF A VIOLATION OF THIS SECTION BY THE HEALTH CARE PROFES-
41 SIONAL:
42 (A) COMPLIANCE WITH SUBDIVISION SIX OF THIS SECTION; OR
43 (B) COOPERATION IN GOOD FAITH WITH AN INVESTIGATION OF A VIOLATION OF
44 THIS SECTION.
45 8. APPLICABILITY. THIS SECTION SHALL APPLY TO CONDUCT TAKING PLACE
46 WITHIN OR OUTSIDE NEW YORK STATE, AND WITHOUT REGARD TO WHETHER THE
47 CONDUCT IS COMMITTED BY A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY, OFFI-
48 CIAL, OR ACTOR OR UNDER ACTUAL OR ASSERTED COLOR OF LAW.
49 9. SCOPE OF PRACTICE NOT EXPANDED. THIS SECTION SHALL NOT BE CONSTRUED
50 TO EXPAND THE LAWFUL SCOPE OF PRACTICE OF ANY HEALTH CARE PROFESSIONAL.
51 S 3. Section 6509 of the education law is amended by adding a new
52 subdivision 15 to read as follows:
53 (15) ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW
54 (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
55 BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
A. 6665--C 6
1 S 4. Section 6530 of the education law is amended by adding a new
2 subdivision 50 to read as follows:
3 50. ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW
4 (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
5 BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
6 S 5. Paragraphs (b) and (c) of subdivision 2 of section 740 of the
7 labor law, as added by chapter 660 of the laws of 1984, are amended and
8 a new paragraph (d) is added to read as follows:
9 (b) provides information to, or testifies before, any public body
10 conducting an investigation, hearing or inquiry into any such violation
11 of a law, rule or regulation by such employer; [or]
12 (c) objects to, or refuses to participate in any such activity, policy
13 or practice in violation of a law, rule or regulation[.]; OR
14 (D) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-TWO
15 OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OR
16 IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS).
17 S 6. Subdivision 3 of section 740 of the labor law, as added by chap-
18 ter 660 of the laws of 1984, is amended to read as follows:
19 3. Application. The protection against retaliatory personnel action
20 provided by paragraph (a) of subdivision two of this section pertaining
21 to disclosure to a public body shall not apply to an employee who makes
22 such disclosure to a public body unless the employee has brought the
23 activity, policy or practice in violation of law, rule or regulation to
24 the attention of a supervisor of the employer and has afforded such
25 employer a reasonable opportunity to correct such activity, policy or
26 practice. HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO ANY REPORT OF A
27 VIOLATION UNDER SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW (PARTIC-
28 IPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE
29 PROFESSIONALS).
30 S 7. Paragraphs (a) and (b) of subdivision 2 of section 741 of the
31 labor law, as added by chapter 24 of the laws of 2002, are amended and a
32 new paragraph (c) is added to read as follows:
33 (a) discloses or threatens to disclose to a supervisor, or to a public
34 body an activity, policy or practice of the employer or agent that the
35 employee, in good faith, reasonably believes constitutes improper quali-
36 ty of patient care; [or]
37 (b) objects to, or refuses to participate in any activity, policy or
38 practice of the employer or agent that the employee, in good faith,
39 reasonably believes constitutes improper quality of patient care[.]; OR
40 (C) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-TWO
41 OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OR IMPROPER TREATMENT
42 OF PRISONERS BY HEALTH CARE PROFESSIONALS).
43 S 8. Subdivision 3 of section 741 of the labor law, as added by chap-
44 ter 24 of the laws of 2002, is amended to read as follows:
45 3. Application. The protection against retaliatory personnel action
46 provided by subdivision two of this section shall not apply unless the
47 employee has brought the improper quality of patient care to the atten-
48 tion of a supervisor and has afforded the employer a reasonable opportu-
49 nity to correct such activity, policy or practice. This subdivision
50 shall not apply to an action or failure to act described in paragraph
51 (a) of subdivision two of this section where the improper quality of
52 patient care described therein presents an imminent threat to public
53 health or safety or to the health of a specific patient and the employee
54 reasonably believes in good faith that reporting to a supervisor would
55 not result in corrective action. HOWEVER, THIS SUBDIVISION SHALL NOT
56 APPLY TO ANY REPORT OF A VIOLATION UNDER SECTION TWENTY-TWO OF THE
A. 6665--C 7
1 PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF
2 PRISONERS BY HEALTH CARE PROFESSIONALS).
3 S 9. The introduction or enactment of this act shall not be construed
4 to mean that: (a) conduct described by this act does not already violate
5 state law or constitute professional misconduct; or (b) conduct other
6 than that described by this act does not violate other state law or
7 otherwise constitute professional misconduct.
8 S 10. Severability. If any provision of this act, or any application
9 of any provision of this act, is held to be invalid, that shall not
10 affect the validity or effectiveness of any other provision of this act
11 or any other application of any provision of this act.
12 S 11. This act shall take effect on the first of January next
13 succeeding the date on which it shall have become a law.
