BILL NUMBER: S1476
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring certain
health care providers to disclose the fact that the provider is on
probation to current and new patients
 
PURPOSE:
To strengthen protections and empower patients by requiring licensee
disclosure of disciplinary status under specified circumstances, and
permitting patients to decline direct patient care from the licensee
being disciplined without penalty if they so choose.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the public health law by adding a new paragraph C to
subdivision 18 of section 230 in relation to disclosure of disciplinary
status to new and current patients.
Paragraph C of subdivision 18 of section 230 details which health care
providers this act concerns; provides definitions; specifies under what
circumstances disclosure of disciplinary status is required, as well as
what information is to be disclosed to current and new patients; stipu-
lates that the disclosure of disciplinary status shall be provided to
the patient, or to the patient's guardian, health care surrogate, or
health care agent, who may elect to cancel the appointment or to decline
direct patient care from the licensee being disciplined; specifies that
licensees are not required to disclose disciplinary status prior to
providing direct patient care if in the health care professional's judg-
ment an emergency exists and an attempt to secure consent would result
in delay of treatment that would increase the risk to the person's life
or health; stipulates that patients and patients' insurance, companies
shall not be charged for appointments canceled upon being provided with
the disclosure; provides penalties for non-compliance; and stipulates
that the Commissioner of Health shall promulgate regulations and issue
forms to implement the requirements of this act.
Section 2: Establishes the effective date.
 
JUSTIFICATION:
The New York State Department of Health (NYS DOH) has procedures in
place to investigate reports of professional misconduct as well as to
determine appropriate disciplinary measures of licensed physicians,
physician assistants, and specialist assistants. Information is posted
on the NYS DOH Office of Professional Misconduct's website regarding
disciplinary actions taken against health care providers who have
engaged in professional misconduct.
These procedures are designed to protect New Yorkers from licensee
misconduct; however, several indicators point to the need for implemen-
tation of additional measures. Physician misconduct and discipline have
gained media and scholarly attention during recent years, which has
illuminated variations in the practices and performance of state medical
boards. In 2016, a study conducted by University of Michigan Medical
School researchers revealed that New York was one of the states with the
lowest rates of disciplinary actions.(1) A study of serious disciplinary
actions undertaken by state medical boards from 2017 - 2019 indicated
that New York, with the third highest number of licensed physicians, had
the sixth highest rate of serious disciplinary actions in the U.S.,
which was 30% lower than the highest ranking state.(2)
There has been extensive media reporting on physicians nationwide who
have committed sexual misconduct with patients and who continued to
practice. One such article highlighted the issue in New York (New York
Allowed a Sexual Predator to Practice Medicine for Decades), documenting
the case of a NYS-licensed physician who, following multiple allegations
of sexual misconduct with patients, violated his probationary terms with
unsuspecting patients by examining female patients without a chaperone
and committing additional acts of sexual misconduct. (3) In 2020, the
Federation of State Medical Boards issued a report and recommendations
on physician sexual misconduct for state medical boards to help address
this critical issue, however, medical boards are not required to imple-
ment the recommendations.(4)
NYS DOH posts the disciplinary status of physicians, physician assist-
ants, and specialist assistants online; however, new and current
patients may not be aware that it is possible to access disciplinary
status and where. All New Yorkers do not have access to the interne or
necessary technology or know-how to look up this information.
The purpose of this bill is to further protect New Yorkers by requiring
that certain licensees who have committed professional misconduct
provide notification of their disciplinary status prior to the first
visit of current and new patients following the disciplinary order.
 
LEGISLATIVE HISTORY:
2023-24: S7241/A.7671 (Fahy) - Referred to Committee
2021-22: S.485 - Passed Senate
2019-20: S.2635 - Higher Education
2017-18: S.9132 - Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect January 1, 2024 and shall apply to all disci-
plinary orders issued on or after January 1, 2024. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
(1) For Doctors Behaving Badly, Punishments Vary by State:
HTTPS://WWW.MICHIGANMEDICINE.ORGTHEALTH-LABKLOCTORSBEHAVING- BADLY-PUN-
ISHMENTS-VARY-STATE
(2) Ranking Of The Rate Of State Medical Boards' Serious Disciplinary
Actions, 2017-2019: HTTP://WWW.CITIZEN.ORG/WP-CONTENTIUPLOADS/2574.PDF
(3) See: HTTPS://WWW,VIL LAGEVOI
CE.COM/2018/03/29/NEW-YORKALLOWED-A-SEXUAL-PREDATOR-TO-PRACTICE-MED
ICINE-FORDECADES/
(4) Physician Sexual Misconduct: Report and Recommendations of the FSMB
Workgroup on Physician Sexual Misconduct:
HTTPS://WWW.FSMD.ORGISITEASSETS/ADVOCACY/POICIES/REPORT-OF- WORKGROU-
PON-SEXUAL-M ISCONDUCTADOPTED-VERSION.PDF

Statutes affected:
S1476: 230 public health law, 230(18) public health law