STATE OF NEW YORK ________________________________________________________________________ 5122 2021-2022 Regular Sessions IN ASSEMBLY February 11, 2021 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to establishing the "New York patients' right to know act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York patients' right to know act". 3 § 2. The education law is amended by adding a new section 6533 to read 4 as follows: 5 § 6533. Patients' right to know. 1. A physician found guilty of any 6 category of professional misconduct as specified in subdivision two of 7 this section, under the procedures prescribed in section two hundred 8 thirty of the public health law, shall provide to all patients a disclo- 9 sure which includes: 10 (a) the penalties imposed upon such physician pursuant to section two 11 hundred thirty-a of the public health law, as added by chapter six 12 hundred six of the laws of nineteen ninety-one, and the duration of such 13 penalties; 14 (b) the office of professional medical conduct's contact information; 15 and 16 (c) an explanation of how patients can find further information about 17 such physician's history of misconduct on the office of professional 18 medical conduct's internet website. 19 2. A physician found guilty of professional misconduct under any of 20 the following subdivisions of section sixty-five hundred thirty of this 21 article shall provide to all patients the disclosure required by subdi- 22 vision one of this section: 23 (a) professional misconduct under paragraph (a) of subdivision nine of 24 section six thousand five hundred thirty of this article involving a 25 criminal conviction where: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02953-01-1A. 5122 2 1 (i) such criminal conviction was for any sex offense under article one 2 hundred thirty of the penal law, and where such sex offense was commit- 3 ted against a patient of such physician; or 4 (ii) such criminal conviction was for any other act resulting in harm 5 to a patient; 6 (b) professional misconduct under paragraph (e) of subdivision nine of 7 section six thousand five hundred thirty of this article, where such 8 physician was found to be in violation of article thirty-three of the 9 public health law; or 10 (c) professional misconduct under subdivision seven or eight of 11 section six thousand five hundred thirty of this article involving 12 impairment or abuse of alcohol or narcotics. 13 3. A physician required to provide a disclosure pursuant to this 14 section shall obtain from all patients, or such patients' guardian or 15 health care surrogate, a separate, signed copy of such disclosure. 16 4. Notwithstanding any provision of this section to the contrary, a 17 physician shall not be required to provide a disclosure under this 18 section if any of the following applies: 19 (a) the patient is unconscious or otherwise unable to comprehend the 20 disclosure and sign the copy of such disclosure pursuant to subdivision 21 three of this section, and a guardian or health care surrogate is 22 unavailable to comprehend such disclosure and sign a copy; 23 (b) the visit occurs in an emergency room or an urgent care facility 24 or such visit is unscheduled, including consultations given as a part of 25 inpatient health care services, as defined by subdivision eleven of 26 section twenty-five hundred ten of the public health law; 27 (c) such physician is not known to the patient until immediately prior 28 to the start of the visit; or 29 (d) such physician does not have a direct treatment relationship with 30 the patient. 31 5. The board of the office of professional medical conduct shall 32 create the disclosure form required under this section, and shall 33 provide such disclosure form on its website to be accessible by physi- 34 cians. 35 6. The office of professional medical conduct shall make all informa- 36 tion required to be included on disclosures under this section addi- 37 tionally available on its website. 38 § 3. The education law is amended by adding a new section 6511-a to 39 read as follows: 40 § 6511-a. Patients' right to know. 1. For the purposes of this 41 section, the following terms shall have the following meanings: 42 (a) "licensee" means and shall be limited to individuals licensed or 43 authorized to practice chiropractic under article one hundred thirty-two 44 of this title, individuals licensed or authorized to practice podiatry 45 under article one hundred forty-one of this title, and individuals 46 licensed or authorized to practice acupuncture under article one hundred 47 sixty of this title. 48 (b) "the board" shall mean the board of regents. 49 2. A licensee found guilty of any category of professional misconduct 50 as specified in subdivision three of this section, under the procedures 51 prescribed in section sixty-five hundred ten of this subarticle, shall 52 provide to all clients a disclosure which includes: 53 (a) the penalties imposed upon such licensee pursuant to section 54 sixty-five hundred eleven of this subarticle, and the duration of such 55 penalties; 56 (b) the board's contact information; andA. 5122 3 1 (c) an explanation of how patients can find further information about 2 such licensee's history of misconduct on the board's internet website. 3 3. A licensee found guilty of professional misconduct under any of the 4 following subdivisions of section sixty-five hundred nine of this subar- 5 ticle shall provide to all patients the disclosure required by subdivi- 6 sion two of this section: 7 (a) professional misconduct under paragraph (a) of subdivision five of 8 section six thousand five hundred thirty of this title involving a crim- 9 inal conviction where: 10 (i) such criminal conviction was for any sex offense under article one 11 hundred thirty of the penal law, and where such sex offense was commit- 12 ted against a patient of such licensee; or 13 (ii) such criminal conviction was for any other act resulting in harm 14 to a patient; 15 (b) professional misconduct under paragraph (c) of subdivision five of 16 section six thousand five hundred thirty of this title, where such 17 licensee was found to be in violation of article thirty-three of the 18 public health law; or 19 (c) professional misconduct under subdivision three or four involving 20 impairment or abuse of alcohol or narcotics. 21 4. A licensee required to provide a disclosure pursuant to this 22 section shall obtain from all patients, or such patients' guardian or 23 health care surrogate, a separate, signed copy of such disclosure. 24 5. Notwithstanding any provision of this section to the contrary a 25 licensee shall not be required to provide a disclosure under this 26 section if any of the following applies: 27 (a) the patient is unconscious or otherwise unable to comprehend the 28 disclosure and sign the copy of such disclosure pursuant to subdivision 29 four of this section, and a guardian or health care surrogate is 30 unavailable to comprehend such disclosure and sign a copy; 31 (b) the visit occurs in an emergency room or an urgent care facility 32 or such visit is unscheduled, including consultations given as a part of 33 inpatient health care services, as defined by subdivision eleven of 34 section twenty-five hundred ten of the public health law; 35 (c) such licensee is not known to the patient until immediately prior 36 to the start of the visit; or 37 (d) such licensee does not have a direct treatment relationship with 38 the patient. 39 6. The board shall create the disclosure form required under this 40 section, and shall provide such disclosure form on its website to be 41 accessible by licensees. 42 7. The board shall make all information required to be included on 43 disclosures under this section additionally available on its website. 44 § 4. This act shall take effect on the first of July next succeeding 45 the date on which it shall have become a law.