Bill Text: NY A08050 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires certain health care providers to disclose the fact that the provider is on probation to current and new patients.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A08050 Detail]
Download: New_York-2021-A08050-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8050 2021-2022 Regular Sessions IN ASSEMBLY June 11, 2021 ___________ Introduced by M. of A. FAHY -- read once and referred to the Committee on Higher Education AN ACT to amend the education 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: 1 Section 1. The education law is amended by adding a new section 6511-a 2 to read as follows: 3 § 6511-a. Disclosure of probationary status. (1) The provisions of 4 this section shall apply to any person licensed to practice a health 5 care profession, and who provides direct patient care, under the follow- 6 ing articles of this title: one hundred thirty-one (medicine), one 7 hundred thirty-one-B (physician assistants), one hundred thirty-one-C 8 (specialist assistants), one hundred thirty-two (chiropractic), one 9 hundred thirty-three (dentistry, dental hygiene, and registered dental 10 assisting), one hundred thirty-four (licensed perfusionists), one 11 hundred thirty-six (physical therapy and physical therapist assistants), 12 one hundred thirty-seven (pharmacy), one hundred thirty-seven-A (regis- 13 tered pharmacy technicians), one hundred thirty-nine (nursing), one 14 hundred forty (professional midwifery practice), one hundred forty-one 15 (podiatry), one hundred forty-three (optometry), one hundred fifty-three 16 (psychology), one hundred fifty-four (social work), one hundred fifty- 17 five (massage therapy), one hundred fifty-six (occupational therapy), 18 one hundred fifty-seven (dietetics and nutrition), one hundred fifty- 19 nine (speech-language pathologists and audiologists), one hundred sixty 20 (acupuncture), one hundred sixty-two (athletic trainers), one hundred 21 sixty-three (mental health practitioners) and one hundred sixty-four 22 (respiratory therapists and respiratory therapy technicians). 23 (2) As used in this section: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04365-05-1A. 8050 2 1 (a) "licensee" means any person licensed, certified or authorized to 2 practice a health care profession governed by the articles of this title 3 listed in subdivision one of this section and who provides direct 4 patient care; 5 (b) "health care agent" means a health care agent designated by an 6 adult pursuant to article twenty-nine-C of the public health law; 7 (c) "health care surrogate" means an individual selected to complete 8 the probation notification form and to decide on behalf of the patient 9 whether or not the patient shall receive care from the licensee on 10 probation; the health care surrogate must be an adult and may be the 11 spouse or domestic partner, a child, a sibling, a parent, or a close 12 friend of the patient; and 13 (d) "reasonably available" means that a person to be contacted can be 14 contacted with diligent efforts by the licensee, another person acting 15 on behalf of the licensee, or the health care facility. 16 (3) Except as provided by subdivision five of this section, the board 17 of regents or office of professional misconduct shall require a licensee 18 who has been placed on probation to disclose the following on a separate 19 written document: his or her probationary status; the cause or causes 20 for probation stated in the order issued by the board of regents, the 21 office of professional misconduct, or the court; the length of the 22 probation and the end date; all practice restrictions placed on the 23 licensee by the board of regents, office of professional misconduct, or 24 the court; the address of the office of professional misconduct's or 25 office of the professions enforcement actions' internet website; and the 26 board of regents or office of professional misconduct's telephone number 27 to a current or new patient, or to the patient's guardian, health care 28 surrogate, or health care agent prior to the patient's first visit, or 29 prior to the patient receiving direct care from the licensee following 30 the probationary order and while the licensee is on probation pursuant 31 to a probationary order made on or after January first, two thousand 32 twenty-three, in any of the circumstances listed in paragraph (a), (b), 33 (c) or (d) of this subdivision. Such written disclosure shall be 34 provided to the patient, or to the patient's guardian, health care 35 surrogate, or health care agent in the licensee's office prior to the 36 patient entering the room where the licensee performs the examination, 37 diagnostic testing, procedure, treatment or other direct patient care; 38 or in a hospital, ambulatory care center, or other health care facility 39 prior to the licensee performing any examination, testing, procedure, 40 treatment, or other direct patient care. The licensee shall provide the 41 disclosure under the following circumstances: 42 (a) The licensee has been placed on probation, as ordered by the board 43 of regents, office of professional misconduct, or the court after being 44 implicated in any of the following: 45 (i) gross negligence or gross incompetence; 46 (ii) repeated negligent acts involving a departure from the standard 47 of care with multiple patients; 48 (iii) drug or alcohol abuse that threatens to impair a licensee's 49 ability to render patient care safely, including practicing under the 50 influence of drugs or alcohol; 51 (iv) felony or misdemeanor conviction arising from or occurring during 52 patient care or treatment; or 53 (v) mental illness or other cognitive impairment that impedes a 54 licensee's ability to safely render patient care.A. 8050 3 1 (b) The board of regents, office of professional misconduct, or the 2 court ordered any of the following in conjunction with placing the 3 licensee on probation: 4 (i) a third-party chaperone shall be present when the licensee exam- 5 ines patients as a result of sexual misconduct; 6 (ii) the licensee shall submit to drug testing as a result of drug or 7 alcohol abuse; and/or 8 (iii) the licensee shall have a monitor. 9 (c) The licensee has not successfully completed a training program or 10 any associated examinations required by the board of regents, office of 11 professional misconduct, or the court as a condition of probation. 12 (d) The licensee has been on probation more than once. 13 (4) The licensee shall obtain from each patient, or each patient's 14 guardian, health care surrogate, or health care agent, a signed receipt 15 following the disclosure described in subdivision three of this section 16 that includes a written explanation of how the patient can find further 17 information on the licensee's probation on the applicable office of 18 professional misconduct or office of the professions enforcement 19 actions' internet website. 20 (5) The licensee shall not be required to provide the disclosure prior 21 to performing an examination, diagnostic testing, procedure, treatment 22 or other direct patient care as required by subdivision three of this 23 section, if in the health care professional's judgment, an emergency 24 exists and the person is in immediate need of medical attention, and an 25 attempt to secure consent would result in delay of treatment which would 26 increase the risk to such person's life or health, or if the patient is 27 incapacitated and the patient's guardian, health care surrogate, or 28 health care agent is not reasonably available. 29 (6) Should a patient, or the patient's guardian, health care surro- 30 gate, or health care agent, elect to cancel the patient's appointment, 31 procedure, diagnostic testing, treatment or other direct patient care 32 with the licensee upon being provided with the disclosure required by 33 subdivision three of this section, neither the patient nor the patient's 34 insurance company shall be charged for the appointment. 35 (7) Any licensee who violates the provisions of this section shall be 36 subject to a penalty not to exceed two thousand dollars. Any licensee 37 who commits subsequent, willful violations of the provisions of this 38 section shall have his or her license suspended for a period of time to 39 be determined by the board of regents. 40 (8) The commissioner of health in consultation with the commissioner 41 shall promulgate regulations to implement the requirements of this 42 section, and shall issue forms set forth that shall be used to satisfy 43 the written requirement specified in this section. 44 § 2. This act shall take effect January 1, 2023 and shall apply to all 45 probationary orders issued on or after January 1, 2023. Effective imme- 46 diately, the addition, amendment and/or repeal of any rule or regulation 47 necessary for the implementation of this act on its effective date are 48 authorized to be made and completed on or before such effective date.
