Bill Text: NY S02137 | 2009-2010 | General Assembly | Introduced
Bill Title: Creates a state board for recredentialing of selected physician specialties and requires all physicians in the state to obtain medical malpractice insurance; exempts retired and teaching physicians.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO FINANCE [S02137 Detail]
Download: New_York-2009-S02137-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2137
2009-2010 Regular Sessions
I N S E N A T E
February 11, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law and the education law, in relation to
establishing a physician recredentialing program and requiring all
physicians to carry malpractice insurance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new article 38 to
2 read as follows:
3 ARTICLE 38
4 NEW YORK STATE BOARD FOR RECREDENTIALING
5 OF SELECTED PHYSICIAN SPECIALTIES
6 SECTION 866. NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED PHYSI-
7 CIAN SPECIALTIES.
8 867. POWERS AND DUTIES OF THE BOARD.
9 868. REMEDIAL TRAINING PROGRAMS.
10 869. JUDICIAL REVIEW.
11 S 866. NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED PHYSICIAN
12 SPECIALTIES. 1. THERE IS HEREBY CREATED IN THE EXECUTIVE DEPARTMENT THE
13 NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED PHYSICIAN SPECIAL-
14 TIES. THE BOARD SHALL CONSIST OF THE COMMISSIONERS OF HEALTH AND EDUCA-
15 TION AND FIVE OTHER MEMBERS TO BE APPOINTED BY THE GOVERNOR WITH THE
16 ADVICE AND CONSENT OF THE SENATE. THE FIVE APPOINTED MEMBERS OF THE
17 BOARD SHALL CONSIST OF TWO PHYSICIANS BOARD CERTIFIED IN OBSTETRICS-GY-
18 NECOLOGY, A PHYSICIAN BOARD CERTIFIED IN ANESTHESIOLOGY, A PHYSICIAN
19 BOARD CERTIFIED IN PEDIATRICS AND ONE MEMBER APPOINTED TO REPRESENT THE
20 INTERESTS OF THE GENERAL PUBLIC. THE TERM OF OFFICE OF EACH APPOINTED
21 MEMBER SHALL BE THREE YEARS. ANY MEMBER APPOINTED TO FILL A VACANCY
22 OCCURRING OTHERWISE THAN BY EXPIRATION OF A TERM SHALL BE APPOINTED FOR
23 THE REMAINDER OF THE UNEXPIRED TERM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08812-01-9
S. 2137 2
1 2. THE CHAIRPERSON SHALL BE APPOINTED FROM THE MEMBERSHIP BY THE
2 GOVERNOR AND SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR. THE FIVE
3 APPOINTED MEMBERS SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR
4 EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF ALL
5 DUTIES.
6 3. THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF EDUCATION MAY,
7 BY OFFICIAL AUTHORITY FILED IN THEIR RESPECTIVE AGENCIES AND WITH THE
8 BOARD, DESIGNATE A DEPUTY OR OTHER OFFICER TO EXERCISE ANY POWER OR
9 PERFORM ANY DUTY, INCLUDING THE RIGHT TO VOTE, ON THE BOARD.
10 4. NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER OF
11 THE BOARD FOR ANY ACT DONE, FAILURE TO ACT, OR STATEMENT OR OPINION
12 MADE, WITHIN THE SCOPE OF HIS OR HER DUTIES AS A MEMBER OF THE BOARD.
13 S 867. POWERS AND DUTIES OF THE BOARD. THE BOARD FOR RECREDENTIALING
14 OF SELECTED PHYSICIAN SPECIALTIES SHALL HAVE THE FOLLOWING FUNCTIONS,
15 POWERS AND DUTIES:
16 1. TO RECREDENTIAL ALL LICENSED PHYSICIANS WHO PRACTICE OBSTETRICS,
17 GYNECOLOGY, ANESTHESIOLOGY OR PEDIATRICS;
18 2. TO DEVELOP MECHANISMS FOR RECREDENTIALING, INCLUDING AS APPROPRI-
19 ATE, SPECIALTY BOARD CERTIFICATION AND HOSPITAL PEER REVIEW PROCESSES;
20 3. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
21 AND CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS
22 ARTICLE;
23 4. TO APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES AND
24 PRESCRIBE THEIR DUTIES AND QUALIFICATIONS;
25 5. TO HOLD HEARINGS AND SUBPOENA WITNESSES IN THE EXERCISE OF ITS
26 POWERS, FUNCTIONS AND DUTIES;
27 6. TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
28 7. TO CONTRACT FOR AND TO ACCEPT ANY ASSISTANCE, INCLUDING BUT NOT
29 LIMITED TO GIFTS, GRANTS, LOANS OF FUNDS OR OF PROPERTY FROM THE FEDERAL
30 GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY AGENCY
31 OR INSTRUMENTALITY OF THE STATE, OR FROM ANY OTHER PUBLIC OR PRIVATE
32 SOURCE;
33 8. TO GRANT, AS APPROPRIATE, TIME-LIMITED CERTIFICATIONS OF RECREDEN-
34 TIALING; AND
35 9. TO ADOPT, AMEND, OR REPEAL SUCH RULES AND REGULATIONS AS IT DEEMS
36 NECESSARY TO ADMINISTER THIS ARTICLE.
37 S 868. REMEDIAL TRAINING PROGRAMS. 1. PHYSICIANS DETERMINED BY THE
38 BOARD NOT TO QUALIFY FOR RECREDENTIALING SHALL BE REFERRED TO THE STATE
39 BOARD OF REGENTS. THE STATE BOARD OF REGENTS MAY GRANT TIME-LIMITED
40 PERMITS TO ALLOW FOR A PERIOD OF REMEDIAL TRAINING.
41 2. DURING THE TERM OF THE LIMITED PERMIT, THE PHYSICIAN SHALL ENGAGE
42 IN A REMEDIAL TRAINING PROGRAM DETERMINED BY THE BOARD.
43 3. IN THE EVENT THAT A PHYSICIAN FAILS TO COMPLETE THE REMEDIAL TRAIN-
44 ING PROGRAM OR TO SATISFY THE BOARD THAT THE PHYSICIAN MEETS ITS STAND-
45 ARDS FOR RECREDENTIALING, THE BOARD WILL REFER THE MATTER TO THE DEPART-
46 MENT OF HEALTH FOR CONSIDERATION OF ACTION REGARDING THE PHYSICIAN'S
47 LICENSE TO PRACTICE MEDICINE.
48 S 869. JUDICIAL REVIEW. A DECISION BY THE BOARD SHALL BE SUBJECT TO
49 JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
50 LAW AND RULES.
51 S 2. The education law is amended by adding a new section 6524-a to
52 read as follows:
53 S 6524-A. RECREDENTIALING OF LICENSED PHYSICIANS. 1. COMMENCING JUNE
54 FIRST, TWO THOUSAND NINE, NO PHYSICIAN LESS THAN SEVENTY YEARS OF AGE
55 MAY PRACTICE OBSTETRICS, GYNECOLOGY, ANESTHESIOLOGY OR PEDIATRICS
56 UNLESS, WITHIN THE PAST NINE YEARS, THE NEW YORK STATE BOARD FOR RECRE-
S. 2137 3
1 DENTIALING OF SELECTED PHYSICIAN SPECIALTIES HAS CERTIFIED THAT THE
2 PHYSICIAN HAS MET THE REQUIREMENTS OF ARTICLE THIRTY-EIGHT OF THE EXECU-
3 TIVE LAW.
4 2. COMMENCING JUNE FIRST, TWO THOUSAND NINE, NOTWITHSTANDING SECTION
5 TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, NO PHYSICIAN SEVENTY YEARS
6 OF AGE OR OLDER MAY PRACTICE OBSTETRICS, GYNECOLOGY, ANESTHESIOLOGY OR
7 PEDIATRICS UNLESS, WITHIN THE PAST THREE YEARS, THE NEW YORK STATE BOARD
8 FOR RECREDENTIALING OF SELECTED PHYSICIAN SPECIALTIES HAS CERTIFIED THAT
9 THE PHYSICIAN HAS MET THE REQUIREMENTS OF ARTICLE THIRTY-EIGHT OF THE
10 EXECUTIVE LAW.
11 3. COMMENCING JUNE FIRST, TWO THOUSAND NINE, NOTWITHSTANDING SUBDIVI-
12 SIONS ONE AND TWO OF THIS SECTION, A PHYSICIAN WHO HAS NOT BEEN REGIS-
13 TERED TO PRACTICE MEDICINE IN THE IMMEDIATE PRIOR BIENNIAL REGISTRATION
14 PERIOD OR WHO HAS NOT ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE FOR A
15 PERIOD EXCEEDING TWO YEARS MAY NOT PRACTICE OBSTETRICS, GYNECOLOGY,
16 ANESTHESIOLOGY OR PEDIATRICS UNLESS THE NEW YORK STATE BOARD FOR RECRE-
17 DENTIALING OF SELECTED PHYSICIAN SPECIALTIES HAS CERTIFIED THAT THE
18 PHYSICIAN HAS MET THE REQUIREMENTS OF ARTICLE THIRTY-EIGHT OF THE EXECU-
19 TIVE LAW.
20 S 3. Subdivision 1 of section 6525 of the education law is amended by
21 adding a new paragraph 4 to read as follows:
22 (4) A PHYSICIAN WHO IS REQUIRED TO SATISFY A REMEDIAL TRAINING PROGRAM
23 REQUIRED BY THE NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED
24 PHYSICIAN SPECIALTIES.
25 S 4. Section 6528 of the education law is amended by adding a new
26 subdivision (f) to read as follows:
27 (F) WHERE REQUIRED BY SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR-A OF THIS
28 ARTICLE, APPLICANTS MUST SATISFY THE REQUIREMENTS FOR CERTIFICATION BY
29 THE NEW YORK STATE BOARD FOR RECREDENTIALING OF SELECTED PHYSICIAN
30 SPECIALTIES PURSUANT TO ARTICLE THIRTY-EIGHT OF THE EXECUTIVE LAW.
31 S 5. The education law is amended by adding a new section 6527-a to
32 read as follows:
33 S 6527-A. MALPRACTICE INSURANCE REQUIRED. 1. EVERY PHYSICIAN LICENSED
34 TO PRACTICE MEDICINE IN THIS STATE SHALL OBTAIN AND MAINTAIN MEDICAL
35 MALPRACTICE INSURANCE AS DEFINED IN SECTION FIVE THOUSAND FIVE HUNDRED
36 ONE OF THE INSURANCE LAW.
37 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION:
38 A. LICENSED PHYSICIANS WHOSE PRACTICE IS LIMITED TO INSTRUCTION AND/OR
39 RESEARCH AND
40 B. THOSE PERSONS PERMITTED LIMITED PRACTICE WITHOUT A LICENSE PURSUANT
41 TO SECTION SIXTY-FIVE HUNDRED TWENTY-SIX OF THIS ARTICLE, SHALL BE
42 EXEMPT FROM THE PROVISIONS OF THIS SECTION.
43 S 6. This act shall take effect June 1, 2009 provided, however, that
44 any rules or regulations necessary to implement the provisions of this
45 act shall be promulgated prior to such date.
