BILL NUMBER: S1476A Revised 06/12/25
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 section 230 of the Public Health Law by adding a new
subdivision 20 in relation to disclosure of disciplinary status to new
and current patients.
Defines "health care representative" and "health care."
Stipulates the circumstances under which patient notification of disci-
plinary status is required and what information must be disclosed to the
patient or the patient's health care agent, health care surrogate, or
guardian prior to the licensee providing medical treatment, services,
procedures, or other direct health care. Stipulates that the patient or
the patient's health care representative may elect to cancel the
appointment or to decline direct patient care from the licensee without
penalty. Patients and their insurance providers shall not be charged for
medical appointments that are canceled or for medical care that is
declined after a patient receives the disclosure of the practitioner's
disciplinary status.
Establishes exemptions to the patient notification requirement if an
emergency exists and an attempt to provide written notification would
result in delay of treatment that would increase the risk to the
patient's health or life.
Stipulates that licensees who violate the patient notification require-
ment shall be subject to penalties under section 230-a of the Public
Health Law and requires the Office of Professional Medical Conduct to
provide licensees with statutory protections.
Directs the Commissioner of Health to promulgate regulations and issue
forms to implement the requirements of this act.
Section 2: Establishes the effective date. This act shall take effect
January 1, 2026 and shall apply to all disciplinary orders issued on or
after such effective date. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
 
JUSTIFICATION:
The New York State Department of Health (NYS DOH) has procedures in
place to report, investigate, and discipline cases of professional
misconduct committed by physicians, physicians practicing under a limit-
ed permit, physician's assistants, specialist's assistants, and medical
residents. Information is posted on the NYS DOH Office of Professional
Medical Conduct' 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, documenting the case of a
NYS-licensed physician who, following multiple allegations of sexual
misconduct with patients, violated his probationary terms by examining
female patients without a chaperone, as was required, and committed
additional acts of sexual misconduct against unsuspecting patients.(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 implement the recommendations.(4)
NYS DOH posts the disciplinary status of licensees online; however, new
and current patients may not be aware that it is possible to look up the
disciplinary status of their health care providers, or where to do so.
Additionally, many New Yorkers do not have access to the internet,
necessary technology, or know-how to look up this information.
This legislation will require certain licensees who have committed
professional malpractice to provide written notification of their disci-
plinary status to new and current patients once an order has been issued
by the Office of Professional Medical Conduct or a court of law, or once
an order of summary suspension against the licensee has been signed by
the Health Commissioner.
The purpose of this bill is to strengthen patient protections by enabl-
ing patients to receive written notification of a health care provider's
disciplinary status before they receive medical treatment, services,
procedures, or other direct health care. Furthermore, it enables
patients to decide whether to keep or cancel the appointment without
penalty. This measure will help to prevent the potential for repeat acts
of professional misconduct against minor and adult patients.
 
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, 2026 and shall apply to all disci-
plinary orders issued on or after January 1, 2026. 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-labidoctors- behaving-badly-
punishments-vary-state
(2) Ranking Of The Rate Of State Medical Boards' Serious Disciplinary
Actions, 2017-2019: hops:; www.citizen.orwartic le/report-ranking-of-
the-rate-of- state-medical-boards-
serious-disciplinary-actions-2017-2019,"
(3) New York Allowed a Sexual Predator to Practice Medicine for Decades:
https://www.villagevoice.com/ new-york-allowed-a-sexual-predator-to-
practice- medicine-for-decades#google_vignette
(4) Physician Sexual Misconduct: Report and Recommendations of the FSMB
Workgroup on Physician Sexual Misconduct:
https://www.fsmb.org/siteassets/advocacy/policies/report-of- workgroup-
on-sexual-misconduct-adopted-version.pdf

Statutes affected:
S1476: 230 public health law, 230(18) public health law
S1476A: 230 public health law