Bill Text: NY S01191 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain health care providers to disclose certain facts in regards to probation to current and new patients.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S01191 Detail]

Download: New_York-2023-S01191-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1191

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law,  in  relation  to  requiring  certain
          health  care  providers  to  disclose  certain  facts  in  regards  to
          probation to current and new patients

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 6511-a
     2  to read as follows:
     3    §  6511-a.  Disclosure  of probationary status.  (1) The provisions of
     4  this section shall apply to any  person  licensed  under  the  following
     5  articles  of  this title: one hundred thirty-one (medicine), one hundred
     6  thirty-one-B (physician assistants), one hundred thirty-two  (chiroprac-
     7  tic),  one  hundred  thirty-three  (dentistry  and  dental hygiene), one
     8  hundred thirty-four (licensed  perfusionists),  one  hundred  thirty-six
     9  (physical  therapy and physical therapist assistants), one hundred thir-
    10  ty-nine (nursing), one hundred forty (professional midwifery  practice),
    11  one  hundred  forty-one (podiatry), one hundred forty-three (optometry),
    12  one hundred fifty-five (massage therapy), one hundred fifty-six (occupa-
    13  tional therapy),  one  hundred  sixty  (acupuncture),  and  one  hundred
    14  sixty-four (respiratory therapists and respiratory therapy technicians).
    15    (2) As used in this section:
    16    (a)  "licensee"  means  any  person  licensed to practice a profession
    17  governed by the articles of this title listed in subdivision one of this
    18  section; and
    19    (b) "state board" means the state board for each  profession  governed
    20  by  the articles of this title listed in subdivision one of this section
    21  and appointed by the board of regents  pursuant  to  section  sixty-five
    22  hundred eight of this article.
    23    (3)  The  department  and  the  applicable state board shall require a
    24  licensee or, in the  event  that  the  patient's  appointment  is  at  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02593-01-3
        S. 1191                             2

     1  location  other than the licensee's practice, the licensee or the hospi-
     2  tal or practice where the patient's appointment is occurring to disclose
     3  the following  on  a  separate  document:  the  licensee's  probationary
     4  status; the cause or causes for probation in the statement of the issues
     5  or  the  legal conclusions of an administrative law judge; the length of
     6  the probation and the end date; all practice restrictions placed on  the
     7  licensee  by  the  board;  the  address  of the applicable state board's
     8  internet website; and the applicable state board's telephone number to a
     9  current or new patient, the patient's guardian or the  patient's  health
    10  care  surrogate  prior to the patient's first visit following the proba-
    11  tionary order while the licensee is on probation pursuant  to  a  proba-
    12  tionary order made after January first, two thousand twenty-four, in any
    13  of  the  circumstances  listed in paragraph (a), (b), (c) or (d) of this
    14  subdivision. Such written disclosure shall be provided to  the  patient,
    15  the  patient's  guardian  or  the patient's health care surrogate in the
    16  licensee's office prior to the time the patient enters  the  examination
    17  room  and  the  examination or treatment commences.  The licensee or, in
    18  the event that the patient's appointment is at a location other than the
    19  licensee's practice, the licensee or the hospital or practice where  the
    20  patient's  appointment  is  occurring shall provide the disclosure under
    21  the following circumstances:
    22    (a) A complaint filed against the  licensee  indicates  or  the  legal
    23  conclusions  of  an  administrative  law judge find that the licensee is
    24  implicated in any of the following:
    25    (i) gross negligence;
    26    (ii) repeated negligent acts involving a departure from  the  standard
    27  of care with multiple patients;
    28    (iii)  felony conviction arising from or occurring during patient care
    29  or treatment; or
    30    (iv) mental illness or  other  cognitive  impairment  that  impedes  a
    31  licensee's ability to safely render patient care.
    32    (b)  The  applicable  state  board  ordered  any  of  the following in
    33  conjunction with placing the licensee on probation:
    34    (i) that a third-party chaperone be present when the licensee examines
    35  patients as a result of sexual misconduct; and/or
    36    (ii) that the licensee have a monitor.
    37    (c) The licensee has not successfully completed a training program  or
    38  any  associated  examinations  required  by  the board as a condition of
    39  probation.
    40    (d) The licensee has been on probation more than once.
    41    (4) The licensee or, in the event that the patient's appointment is at
    42  a location other than the  licensee's  practice,  the  licensee  or  the
    43  hospital  or practice where the patient's appointment is occurring shall
    44  obtain from each patient  a  signed  receipt  following  the  disclosure
    45  described  in  subdivision three of this section that includes a written
    46  explanation of how the patient  can  find  further  information  on  the
    47  licensee's probation on the applicable state board's internet website.
    48    (5) If a patient, the patient's guardian, or the patient's health care
    49  surrogate  elects  to cancel the patient's appointment with the licensee
    50  upon being provided with the disclosure required by subdivision three of
    51  this section, neither the patient nor the  patient's  insurance  company
    52  shall be charged for the appointment.
    53    (6)  Any  person  who violates the provisions of this section shall be
    54  subject to a penalty not to exceed two thousand dollars. Any person  who
    55  commits subsequent, willful violations of the provisions of this section
        S. 1191                             3

     1  shall  have  his  or  her  license  suspended for a period of time to be
     2  determined by the commissioner.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it  shall  have  become a law and shall apply to all probationary orders
     5  issued on or after January 1, 2024. Effective immediately, the addition,
     6  amendment and/or repeal of any rule  or  regulation  necessary  for  the
     7  implementation  of  this  act on its effective date are authorized to be
     8  made and completed on or before such effective date.