Bill Text: NY A10010 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires certain health care providers to disclose certain facts in regards to probation to current and new patients.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-29 - referred to higher education [A10010 Detail]

Download: New_York-2021-A10010-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10010

                   IN ASSEMBLY

                                     April 29, 2022
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Higher Education

        AN ACT to amend the education law,  in  relation  to  requiring  certain
          health  care  providers  to  disclose  certain  facts  in  regards  to
          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  under  the  following
     5  articles  of  this title: one hundred thirty-one (medicine), one hundred
     6  thirty-one-B (physician assistants), one hundred thirty-two  (chiroprac-
     7  tic),  one  hundred  thirty-three  (dentistry  and  dental hygiene), one
     8  hundred thirty-four (licensed  perfusionists),  one  hundred  thirty-six
     9  (physical  therapy and physical therapist assistants), one hundred thir-
    10  ty-nine (nursing), one hundred forty (professional midwifery  practice),
    11  one  hundred  forty-one (podiatry), one hundred forty-three (optometry),
    12  one hundred fifty-five (massage therapy), one hundred fifty-six (occupa-
    13  tional therapy),  one  hundred  sixty  (acupuncture),  and  one  hundred
    14  sixty-four (respiratory therapists and respiratory therapy technicians).
    15    (2) As used in this section:
    16    (a)  "licensee"  means  any  person  licensed to practice a profession
    17  governed by the articles of this title listed in subdivision one of this
    18  section; and
    19    (b) "state board" means the state board for each  profession  governed
    20  by  the articles of this title listed in subdivision one of this section
    21  and appointed by the board of regents  pursuant  to  section  sixty-five
    22  hundred eight of this article.
    23    (3)  The  department  and  the  applicable state board shall require a
    24  licensee or, in the  event  that  the  patient's  appointment  is  at  a
    25  location  other than the licensee's practice, the licensee or the hospi-
    26  tal or practice where the patient's appointment is occurring to disclose
    27  the following  on  a  separate  document:  the  licensee's  probationary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03061-03-2
        A. 10010                            2

     1  status; the cause or causes for probation in the statement of the issues
     2  or  the  legal conclusions of an administrative law judge; the length of
     3  the probation and the end date; all practice restrictions placed on  the
     4  licensee  by  the  board;  the  address  of the applicable state board's
     5  internet website; and the applicable state board's telephone number to a
     6  current or new patient, the patient's guardian or the  patient's  health
     7  care  surrogate  prior to the patient's first visit following the proba-
     8  tionary order while the licensee is on probation pursuant  to  a  proba-
     9  tionary  order made after January first, two thousand twenty-two, in any
    10  of the circumstances listed in paragraph (a), (b), (c) or  (d)  of  this
    11  subdivision.  Such  written disclosure shall be provided to the patient,
    12  the patient's guardian or the patient's health  care  surrogate  in  the
    13  licensee's  office  prior to the time the patient enters the examination
    14  room and the examination or treatment commences.   The licensee  or,  in
    15  the event that the patient's appointment is at a location other than the
    16  licensee's  practice, the licensee or the hospital or practice where the
    17  patient's appointment is occurring shall provide  the  disclosure  under
    18  the following circumstances:
    19    (a)  A  complaint  filed  against  the licensee indicates or the legal
    20  conclusions of an administrative law judge find  that  the  licensee  is
    21  implicated in any of the following:
    22    (i) gross negligence;
    23    (ii)  repeated  negligent acts involving a departure from the standard
    24  of care with multiple patients;
    25    (iii) felony conviction arising from or occurring during patient  care
    26  or treatment; or
    27    (iv)  mental  illness  or  other  cognitive  impairment that impedes a
    28  licensee's ability to safely render patient care.
    29    (b) The applicable  state  board  ordered  any  of  the  following  in
    30  conjunction with placing the licensee on probation:
    31    (i) that a third-party chaperone be present when the licensee examines
    32  patients as a result of sexual misconduct; and/or
    33    (ii) that the licensee have a monitor.
    34    (c)  The licensee has not successfully completed a training program or
    35  any associated examinations required by the  board  as  a  condition  of
    36  probation.
    37    (d) The licensee has been on probation more than once.
    38    (4) The licensee or, in the event that the patient's appointment is at
    39  a  location  other  than  the  licensee's  practice, the licensee or the
    40  hospital or practice where the patient's appointment is occurring  shall
    41  obtain  from  each  patient  a  signed  receipt following the disclosure
    42  described in subdivision three of this section that includes  a  written
    43  explanation  of  how  the  patient  can  find further information on the
    44  licensee's probation on the applicable state board's internet website.
    45    (5) If a patient, the patient's guardian, or the patient's health care
    46  surrogate elects to cancel the patient's appointment with  the  licensee
    47  upon being provided with the disclosure required by subdivision three of
    48  this  section,  neither  the patient nor the patient's insurance company
    49  shall be charged for the appointment.
    50    (6) Any person who violates the provisions of this  section  shall  be
    51  subject  to a penalty not to exceed two thousand dollars. Any person who
    52  commits subsequent, willful violations of the provisions of this section
    53  shall have his or her license suspended for  a  period  of  time  to  be
    54  determined by the commissioner.
    55    § 2. This act shall take effect on the one hundred eightieth day after
    56  it  shall  have  become a law and shall apply to all probationary orders
        A. 10010                            3

     1  issued on or after January 1, 2022. Effective immediately, the addition,
     2  amendment and/or repeal of any rule  or  regulation  necessary  for  the
     3  implementation  of  this  act on its effective date are authorized to be
     4  made and completed on or before such effective date.