Bill Text: NY A08245 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 8245

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Requires disclosure of both criminal sexual offense convictions and civil liability judgments against physicians to patients when such sexual offenses were committed against patients.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-05 - print number 8245a [A08245 Detail]

Download: New_York-2023-A08245-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8245

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 15, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Higher Education

        AN ACT to amend the education law, in relation to requiring hospitals to
          notify patients when  physicians  have  been  convicted  of  a  sexual
          offense

          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 sexual  offense  convictions.  1.    Upon  the
     4  conviction  of  any physician for a sexual offense as defined in article
     5  one hundred thirty of the penal law committed against a patient of  such
     6  physician,  the  physician  shall  provide  to  the  court a list of all
     7  medical practices, offices, hospitals and health  care  facilities  with
     8  which  such  physician has practiced or been affiliated. The court shall
     9  send notification to all such medical practices, offices, hospitals  and
    10  other  health care facilities that the physician has been convicted of a
    11  sexual offense against a patient and that such office, practice,  hospi-
    12  tal  or  health  care  facility  is  required to provide all current and
    13  previous patients of such physician a disclosure which includes:
    14    (a) the name, address, and license  or  registration  number  of  such
    15  physician;
    16    (b)  any criminal conviction of such physician for a sexual offense as
    17  defined in article one hundred thirty of the penal law;
    18    (c) the penalties imposed upon such physician by the applicable  state
    19  board  having  jurisdiction over matters of misconduct, and the duration
    20  of such penalties;
    21    (d) the contact information for the appropriate state board;
    22    (e) an explanation of how patients can find further information  about
    23  any  history  of  misconduct  by  such  physician  on the website of the
    24  department or applicable board; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11778-06-3

        A. 8245                             2

     1    (f) how to report instances of misconduct by physicians.
     2    2.  Disclosures made pursuant to this section shall be in writing, and
     3  shall be sent to  patients  by  certified  or  registered  mail,  return
     4  receipt requested, to their last known address and by electronic mail if
     5  an electronic mail address is on file.
     6    3.  The state board having jurisdiction over the licensing and conduct
     7  of physicians shall  create  a  standard  disclosure  form  for  use  as
     8  required  under this section, and shall provide such disclosure form and
     9  any information required to be  included  on  such  disclosures  on  its
    10  website  to  be accessible by hospitals and other health care facilities
    11  approved pursuant to this article.
    12    4. A medical office or practice or a hospital or health care  facility
    13  shall notify the court that the disclosures to patients required by this
    14  section  have  been made. Such notice shall include how many disclosures
    15  were sent and the oldest dates of medical records available.
    16    5. In the event the court is unable  to  notify  a  medical  practice,
    17  office,  hospital  or other health care facility of the conviction of an
    18  affiliated physician, such information shall be relayed to  the  depart-
    19  ment.  The  department,  in  coordination with the department of health,
    20  shall make a reasonable effort to locate the  medical  records  of  such
    21  patients and send patients the disclosure form required by this section.
    22    6.  The  penalty imposed by the board of regents on medical practices,
    23  offices, hospitals and health care facilities found guilty of  violating
    24  subdivision  one  of  this  section  by  not  fulfilling  its disclosure
    25  requirements within thirty days shall  be  a  fine  of  twenty  thousand
    26  dollars for each thirty day period until such disclosures are made.
    27    §  2.  This  act  shall take effect on the sixtieth day after it shall
    28  have become a law.