Bill Text: NY S06840 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to professional misconduct by physicians, physician's assistants and specialist's assistants; enhances the ability of the department of education to investigate, discipline, and monitor such licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S06840 Detail]
Download: New_York-2021-S06840-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6840 2021-2022 Regular Sessions IN SENATE May 19, 2021 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law and the public health law, in relation to professional misconduct by physicians, physician's assistants and specialist's assistants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 28 of section 6530 of the education law, as 2 added by chapter 606 of the laws of 1991, is amended and a new subdivi- 3 sion 51 is added to read as follows: 4 28. Failing to respond within [thirty] ten days to written communi- 5 cations from the department of health and to make available any relevant 6 records with respect to an inquiry or complaint about the licensee's 7 professional misconduct. The period of [thirty] ten days shall commence 8 on the date when such communication was delivered personally to the 9 licensee. If the communication is sent from the department of health by 10 registered or certified mail, with return receipt requested, to the 11 address appearing in the last registration, the period of [thirty] ten 12 days shall commence on the date of delivery to the licensee, as indi- 13 cated by the return receipt; 14 51. Except when shown to be medically appropriate, repeated acts of 15 clearly excessive or inappropriate prescribing, furnishing, dispensing, 16 or administering of controlled substances or treatment. 17 § 2. Section 6532 of the education law, as added by chapter 606 of the 18 laws of 1991, is amended to read as follows: 19 § 6532. Enforcement, administration and interpretation of this arti- 20 cle. The board [of] for professional medical conduct and the department 21 of health shall enforce, administer and interpret this article. Before 22 issuing a declaratory ruling pursuant to section two hundred four of the 23 state administrative procedure act with respect to this article, the 24 department of health shall fully consult with the department of educa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11302-02-1S. 6840 2 1 tion. [Neither the commissioner of education, the board of regents nor2the] The commissioner of health may promulgate any rules or regulations 3 concerning this article. 4 § 3. Subdivision 4 of section 206 of the public health law, as amended 5 by chapter 602 of the laws of 2007, is amended to read as follows: 6 4. The commissioner may: 7 (a) issue subpoenas, compel the attendance of witnesses and compel 8 them to testify in any matter or proceeding before [him] the commission- 9 er, and may also require a witness to attend and give testimony in a 10 county where [he] the witness resides or has a place of business without 11 the payment of any fees; 12 (b) require, in writing, the production of any and all relevant docu- 13 ments in the possession or control of an individual or entity subject to 14 an investigation or inquiry under this chapter. Unless a shorter period 15 is specified in such writing, as determined for good cause by the 16 commissioner, the required documents shall be produced no later than ten 17 days after the delivery of the writing. Failure by the subject individ- 18 ual or entity to produce to the department the required documents within 19 the ten day or otherwise specified period shall be a violation or fail- 20 ure within the meaning of paragraph (d) of this subdivision. Each addi- 21 tional day of non-production shall be a separate violation or failure; 22 (c) annul or modify an order, regulation, by-law or ordinance of a 23 local board of health concerning a matter which in his judgment affects 24 the public health beyond the territory over which such local board of 25 health has jurisdiction; 26 [(c)] (d) assess any penalty prescribed for a violation of or a fail- 27 ure to comply with any term or provision of this chapter or of any 28 lawful notice, order or regulation pursuant thereto, not exceeding two 29 thousand dollars for every such violation or failure, which penalty may 30 be assessed after a hearing or an opportunity to be heard; 31 [(d)] (e) assess civil penalties against a public water system which 32 provides water to the public for human consumption through pipes or 33 other constructed conveyances, as further defined in the state sanitary 34 code or, in the case of mass gatherings, the person who holds or 35 promotes the mass gathering as defined in subdivision five of section 36 two hundred twenty-five of this article not to exceed twenty-five thou- 37 sand dollars per day, for each violation of or failure to comply with 38 any term or provision of the state sanitary code as it relates to public 39 water systems that serve a population of five thousand or more persons 40 or any mass gatherings, which penalty may be assessed after a hearing or 41 an opportunity to be heard; and 42 (f) seek to obtain a warrant based on probable cause that a licensee 43 has committed professional misconduct or a crime from a judicial officer 44 authorized to issue a warrant. Such warrant shall authorize the commis- 45 sioner and any person authorized by the commissioner to have the author- 46 ity to inspect all grounds, erections, vehicles, structures, apartments, 47 buildings, places and the contents therein and to remove any books, 48 records, papers, documents, computers, electronic devices and other 49 physical objects. 50 § 4. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 10 of 51 section 230 of the public health law, as amended by chapter 477 of the 52 laws of 2008, are amended to read as follows: 53 (i) A copy of the charges and the notice of the hearing shall be 54 served on the licensee either: (A) personally [by the board] at least 55 thirty days before the hearing[. If personal service cannot be made56after due diligence and such fact is certified under oath, a copy of theS. 6840 3 1charges and the notice of hearing shall be served]; (B) by registered or 2 certified mail to the licensee's [last known] current residential or 3 practice address [by the board] mailed at least fifteen days before the 4 hearing; (C) by registered or certified mail to the licensee's most 5 recent mailing address pursuant to section sixty-five hundred two of the 6 education law or the licensee's most recent mailing address on file with 7 the department of education pursuant to the notification requirement set 8 forth in subdivision five of such section, mailed at least forty-five 9 days before the hearing; or (D) by first class mail to an attorney, 10 licensed to practice in the state, who has appeared on behalf of the 11 licensee and who has been provided with written authorization of the 12 licensee to accept service, mailed at least thirty days before the hear- 13 ing. 14 (ii) The charges shall be made public, consistent with subparagraph 15 (iv) of paragraph (a) of this subdivision, [no earlier than five busi-16ness days] immediately after they are served, and the charges shall be 17 accompanied by a statement advising the licensee that such publication 18 will occur; [provided, however, that] charges may be made public imme- 19 diately upon issuance of the commissioner's order in the case of summary 20 action taken pursuant to subdivision twelve of this section and no prior 21 notification of such publication need be made to the licensee. 22 § 5. Paragraph (a) of subdivision 12 of section 230 of the public 23 health law, as amended by chapter 477 of the laws of 2008, is amended to 24 read as follows: 25 (a) Whenever the commissioner, (i) after being presented with informa- 26 tion indicating that a licensee is causing, engaging in or maintaining a 27 condition or activity which has resulted in the transmission or 28 suspected transmission, or is likely to lead to the transmission, of 29 communicable disease as defined in the state sanitary code or HIV/AIDS, 30 by the state and/or a local health department and if in the commission- 31 er's opinion it would be prejudicial to the interests of the people to 32 delay action until an opportunity for a hearing can be provided in 33 accordance with the prehearing and hearing provisions of this section; 34 [or] (ii) after being presented with information indicating that a 35 licensee is engaging in excessive or inappropriate prescribing, furnish- 36 ing, dispensing, or administering of controlled substances or treatment, 37 which in the commissioner's opinion presents a risk to the health of the 38 people and that therefore appears to be prejudicial to the interests of 39 the people to delay action until an opportunity for a hearing can be 40 provided in accordance with the prehearing and hearing provisions of 41 this section; or (iii) after an investigation and a recommendation by a 42 committee on professional conduct of the state board for professional 43 medical conduct, based upon a determination that a licensee is causing, 44 engaging in or maintaining a condition or activity which in the commis- 45 sioner's opinion constitutes an imminent danger to the health of the 46 people, and that it therefore appears to be prejudicial to the interests 47 of the people to delay action until an opportunity for a hearing can be 48 provided in accordance with the prehearing and hearing provisions of 49 this section; the commissioner may order the licensee, by written 50 notice, to discontinue such dangerous condition or activity or take 51 certain action immediately and for a period of [ninety] one hundred 52 twenty days from the date of service of the order. Within ten days from 53 the date of service of the said order, the state board for professional 54 medical conduct shall commence and regularly schedule such hearing 55 proceedings as required by this section, provided, however, that the 56 hearing shall be completed within [ninety] one hundred twenty days ofS. 6840 4 1 the date of service of the order. To the extent that the issue of immi- 2 nent danger can be proven without the attorney representing the office 3 of professional medical conduct putting in its entire case, the commit- 4 tee of the board shall first determine whether by a preponderance of the 5 evidence the licensee is causing, engaging in or maintaining a condition 6 or activity which constitutes an imminent danger to the health of the 7 people. The attorney representing the office of professional medical 8 conduct shall have the burden of going forward and proving by a prepon- 9 derance of the evidence that the licensee's condition, activity or prac- 10 tice constitutes an imminent danger to the health of the people. The 11 licensee shall have an opportunity to be heard and to present proof. 12 When both the office and the licensee have completed their cases with 13 respect to the question of imminent danger, the committee shall promptly 14 make a recommendation to the commissioner on the issue of imminent 15 danger and determine whether the summary order should be left in effect, 16 modified or vacated, and continue the hearing on all the remaining 17 charges, if any, in accordance with paragraph (f) of subdivision ten of 18 this section. Within ten days of the committee's recommendation, the 19 commissioner shall determine whether or not to adopt the committee's 20 recommendations, in whole or in part, and shall leave in effect, modify 21 or vacate his summary order. The state board for professional medical 22 conduct shall make every reasonable effort to avoid any delay in 23 completing and determining such proceedings. If, at the conclusion of 24 the hearing, (i) the hearing committee of the board finds the licensee 25 guilty of one or more of the charges which are the basis for the summary 26 order, (ii) the hearing committee determines that the summary order 27 continue, and (iii) the [ninety] one hundred twenty day term of the 28 order has not expired, the summary order shall remain in full force and 29 effect until a final decision has been rendered by the committee or, if 30 review is sought, by the administrative review board. A summary order 31 shall be public upon issuance. 32 § 6. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law.
