STATE OF NEW YORK
________________________________________________________________________
7023
2023-2024 Regular Sessions
IN SENATE
May 16, 2023
___________
Introduced by Sens. RIVERA, BROUK, HOYLMAN-SIGAL, KRUEGER, MYRIE, SALA-
ZAR, SEPULVEDA -- read twice and ordered printed, and when printed to
be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to strengthening protections for patients regarding sexual misconduct
by medical providers
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 10 of
2 section 230 of the public health law, as amended by chapter 558 of the
3 laws of 1994, is amended to read as follows:
4 (ii) If the investigation of cases referred to an investigation
5 committee involves issues of clinical practice, medical experts, shall
6 be consulted. Experts may be made available by the state medical society
7 of the state of New York, by county medical societies and specialty
8 societies, and by New York state medical associations dedicated to the
9 advancement of non-conventional medical treatments. Medical experts
10 shall disclose any conflicts of interest including but not limited to
11 shared alma mater, hometown, residence, or relationships, that connects
12 or establishes a bond between such medical expert and the licensee in
13 order to preclude any favorable bias prior to assisting in an investi-
14 gation. A medical expert shall not be consulted if such medical expert
15 is under investigation, has an administrative warning, or is on
16 probation, and such medical expert shall be dismissed from consulting
17 duties if such medical expert becomes the subject of an investigation,
18 receives an administrative warning, or is put on probation during such
19 experts term of consultation. Any information obtained by medical
20 experts in consultations, including the names of licensees or patients,
21 shall be confidential and shall not be disclosed except as otherwise
22 authorized or required by law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02411-01-3
S. 7023 2
1 § 2. Paragraph (a) of subdivision 10 of section 230 of the public
2 health law, as amended by chapter 866 of the laws of 1980, is amended to
3 read as follows:
4 (a) Investigation. The board for professional medical conduct, by a
5 committee on professional conduct, may investigate on its own any
6 suspected professional misconduct, and shall investigate each complaint
7 received regardless of the source. The results of the investigation and
8 an objective summary statement produced by the investigator along with a
9 recommendation shall be referred to the director of the office of
10 professional medical conduct. If the director of the office of profes-
11 sional medical conduct, after consultation with a professional member of
12 the board for professional medical conduct, determines that a hearing is
13 warranted he shall direct counsel to prepare the charges within fifteen
14 days thereafter. If it is determined by the director that the complaint
15 involves a question of professional expertise then such director may
16 seek, and if so shall obtain, the concurrence of at least two members of
17 a panel of three members of the state board for professional medical
18 conduct.
19 § 3. Section 230 of the public health law is amended by adding a new
20 subdivision 6-a to read as follows:
21 6-a. (a) The board shall adopt a zero-tolerance policy for sexual
22 misconduct and the office of professional medical conduct shall publish
23 such policy and make it publicly available on its website. Such policy
24 shall include a statement that a patient cannot consent to any sexual
25 conduct or activity with such patient's treating physician.
26 (b) The board shall institute semi-annual training or in-service work-
27 shops on sexual misconduct and sexual harassment for the office of
28 professional medical conduct staff, including investigators, medical
29 experts, the division of legal affairs, and the board. The board shall
30 provide comprehensive orientation and training on sexual misconduct and
31 sexual harassment issues utilizing expert speakers, physicians, repre-
32 sentatives from the office of the attorney general, crisis intervention
33 centers, and related community programs.
34 § 4. The public health law is amended by adding a new section 2803-bb
35 to read as follows:
36 § 2803-bb. Protection of patients from sexual misconduct. 1. The prin-
37 ciples enunciated in subdivision three of this section are declared to
38 be the public policy of the state and a copy of such statement of rights
39 and responsibilities shall be posted conspicuously in a public place in
40 each hospital covered hereunder.
41 2. The commissioner shall require that every hospital, as defined in
42 subdivision one of section twenty-eight hundred one of this article,
43 shall adopt and make public a statement of the rights and responsibil-
44 ities regarding protection of the patients from sexual misconduct who
45 are receiving care in such hospitals, and shall treat such patients in
46 accordance with the provisions of such statement.
47 3. Said statement of rights and responsibilities regarding protection
48 from sexual misconduct shall include, but not be limited to the follow-
49 ing:
50 a. Every patient shall have the right to request the presence of a
51 family member or third-party chaperone during a physical examination.
52 b. Every patient shall have the right to receive a written statement
53 of the right to request the presence of a family member or third-party
54 chaperone during: (1) breast and pelvic examinations of females; and (2)
55 genitalia and rectal examinations of both males and females.
S. 7023 3
1 4. Each hospital shall give a copy of the statement to each patient at
2 or prior to the time of admission to the hospital, or to the appointed
3 personal representative at the time of appointment. Such statement shall
4 be provided in a document in addition to, and separate from, any other
5 statement of rights and responsibilities required pursuant to the
6 provisions of this chapter. Upon acknowledgment of the statement by the
7 patient, an acceptance or declination of the presence of a chaperone
8 shall be noted in such patient's chart.
9 § 5. Section 6530 of the education law is amended by adding a new
10 subdivision 51 to read as follows:
11 51. Sexual impropriety, including but not limited to behavior,
12 gestures, or expressions that are sexually suggestive, disrespectful of
13 patient privacy, or sexually demeaning to a patient, physical sexual
14 contact between a licensee and patient or engaging in any conduct with a
15 patient that is sexual or may be reasonably interpreted as sexual, or
16 any examination of the breasts or genitals without appropriate consent
17 from a patient or surrogate.
18 § 6. The education law is amended by adding a new section 6523-a to
19 read as follows:
20 § 6523-a. Additional duties of the state board for medicine. In addi-
21 tion to any other duties of the state board for medicine provided for in
22 law, such board shall query information from the United States depart-
23 ment of health and human services national practitioner data bank upon
24 an initial request for licensure by an applicant pursuant to section
25 sixty-five hundred twenty-four of this article. If such query returns
26 any instance of professional misconduct by the applicant, the board
27 shall consider both the severity of the misconduct alone and in relation
28 to the probability of such misconduct recurring upon licensure when
29 determining whether an application for licensure shall be denied or
30 whether to grant the applicant a hearing regarding such instance of
31 professional misconduct.
32 § 7. This act shall take effect on the ninetieth day after it shall
33 have become a law provided, however, that the amendments to paragraph
34 (a) of subdivision 10 of section 230 of the public health law made by
35 section one of this act shall be subject to the expiration and reversion
36 of such paragraph pursuant to section 5 of chapter 426 of the laws of
37 1983, as amended, when upon such date the provisions of section two of
38 this act shall take effect. Effective immediately, the addition, amend-
39 ment and/or repeal of any rule or regulation necessary for the imple-
40 mentation of this act on its effective date are authorized and directed
41 to be made and completed on or before such effective date.