Bill Text: NY S07854 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Passed) 2014-12-17 - APPROVAL MEMO.27 [S07854 Detail]

Download: New_York-2013-S07854-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7854
                                   I N  S E N A T E
                                     June 14, 2014
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the public health law, in relation  to  the  identifica-
         tion, charging, reporting and investigation of charges of professional
         misconduct by health care professionals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 230 of the public health law is amended by adding a
    2  new subdivision 9-b to read as follows:
    3    9-B. NEITHER THE BOARD FOR PROFESSIONAL MEDICAL CONDUCT NOR THE OFFICE
    4  OF PROFESSIONAL MEDICAL CONDUCT  SHALL  IDENTIFY,  CHARGE,  OR  CAUSE  A
    5  REPORT  MADE  TO  THE  DIRECTOR  OF SUCH OFFICE TO BE INVESTIGATED BASED
    6  SOLELY UPON THE RECOMMENDATION OR PROVISION OF A TREATMENT MODALITY BY A
    7  LICENSEE THAT IS NOT UNIVERSALLY ACCEPTED  BY  THE  MEDICAL  PROFESSION,
    8  INCLUDING  BUT  NOT LIMITED TO, VARYING MODALITIES USED IN THE TREATMENT
    9  OF LYME DISEASE AND OTHER TICK-BORNE DISEASES. AS USED IN THIS  SUBDIVI-
   10  SION  THE TERM "LICENSEE" SHALL MEAN A PHYSICIAN, PHYSICIAN'S ASSISTANT,
   11  AND SPECIALIST'S ASSISTANT. WHEN A LICENSEE, ACTING IN  ACCORDANCE  WITH
   12  PARAGRAPH   E   OF   SUBDIVISION  FOUR  OF  SECTION  SIXTY-FIVE  HUNDRED
   13  TWENTY-SEVEN OF THE EDUCATION LAW, RECOMMENDS OR  PROVIDES  A  TREATMENT
   14  MODALITY  THAT EFFECTIVELY TREATS HUMAN DISEASE, PAIN, INJURY, DEFORMITY
   15  OR PHYSICAL CONDITION, THE RECOMMENDATION OR PROVISION OF THAT  MODALITY
   16  SHALL  NOT, BY ITSELF, CONSTITUTE PROFESSIONAL MISCONDUCT. THIS PROHIBI-
   17  TION SHALL NOT EXONERATE SUCH LICENSEE FROM OTHERWISE APPLICABLE PROFES-
   18  SIONAL REQUIREMENTS.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15605-01-4