Bill Text: NY S00310 | 2021-2022 | General Assembly | Amended

New York Senate Bill 310 (Prior Session Legislation)

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) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S00310 Detail]

Download: New_York-2021-S00310-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         310--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03061-02-1

        S. 310--A                           2

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

        S. 310--A                           3

     1    (6) Any person who violates the provisions of this  section  shall  be
     2  subject  to a penalty not to exceed two thousand dollars. Any person who
     3  commits subsequent, willful violations of the provisions of this section
     4  shall have his or her license suspended for  a  period  of  time  to  be
     5  determined by the commissioner.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it  shall  have  become a law and shall apply to all probationary orders
     8  issued on or after January 1, 2022. Effective immediately, the addition,
     9  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    10  implementation  of  this  act on its effective date are authorized to be
    11  made and completed on or before such effective date.