Bill Text: NY A02995 | 2019-2020 | General Assembly | Amended


Bill Title: Grants immunity from liability to organizations which establish physician committees the purpose of which is to confront and refer to treatment physicians who are thought to be suffering from addiction or mental illness.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2019-02-28 - reported referred to codes [A02995 Detail]

Download: New_York-2019-A02995-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2995--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by  M. of A. GOTTFRIED, ABINANTI, D'URSO, GALEF -- read once
          and referred to the Committee on Health -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the public health law, in relation to granting  immunity
          from liability to organizations which establish physician committees
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (g) of subdivision  11  of  section  230  of  the
     2  public health law, as added by chapter 426 of the laws of 1983, subpara-
     3  graphs  (ii)  and  (iii)  as amended by chapter 606 of the laws of 1991,
     4  subparagraphs (v) and (vi) as added by chapter 582 of the laws of  1984,
     5  is amended to read as follows:
     6    (g) (i) Any physician committee of the Medical Society of the State of
     7  New  York,  the  New  York State Osteopathic Society or a county medical
     8  society referred to in subparagraph (ii) of paragraph (c) of this subdi-
     9  vision shall develop procedures in consultation with, and  approved  by,
    10  the commissioner [of the department of health], including but not limit-
    11  ed to the following:
    12    [(i)]  (A)  The  committee  shall  disclose at least once a month such
    13  information as the  director  of  the  office  of  professional  medical
    14  conduct  may  deem  appropriate  regarding reports received, contacts or
    15  investigations made and the disposition of each report, provided however
    16  that the committee shall not disclose any personally identifiable infor-
    17  mation except as provided in [subparagraph (ii)] clause (B) or [subpara-
    18  graph (iii)] (C) of this [paragraph] subparagraph.
    19    [(ii)] (B) The committee shall immediately report to the director  the
    20  name,  all information obtained and the results of any contact or inves-
    21  tigation regarding any physician who  is  believed  to  be  an  imminent
    22  danger to the public.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03386-02-9

        A. 2995--A                          2
     1    [(iii)]  (C)  The  committee  shall report to the director in a timely
     2  fashion all information obtained regarding any physician who refuses  to
     3  cooperate  with  the committee, refuses to submit to treatment, or whose
     4  impairment is not substantially alleviated through treatment.
     5    [(iv)]  (D)  The  committee shall inform each physician who is partic-
     6  ipating in a program of the procedures followed in the program,  of  the
     7  rights  and  responsibilities of the physician in the program and of the
     8  possible results of noncompliance with the program.
     9    [(v)] (ii) No member of any such committee; nor the Medical Society of
    10  the State of New York, the New York State Osteopathic Society or a coun-
    11  ty medical society referred to in subparagraph (ii) of paragraph (c)  of
    12  this  subdivision  that establishes a committee; nor any agent, servant,
    13  representative or employee that provides service to any  such  committee
    14  or  society,  shall  be  liable for damages to any person for any action
    15  taken by such committee, society, member, agent, servant, representative
    16  or employee provided that such action was taken without malice and with-
    17  in the scope of such [member's] individual's or entity's function [as  a
    18  member of] in relation to such committee.
    19    [(vi)]  (iii)  The  committee, in conjunction with the director of the
    20  office  of  professional  medical  conduct,  shall  develop  appropriate
    21  consent  forms  and disclosure proceedings as may be necessary under any
    22  federal statute, rule or regulation in order to permit the disclosure of
    23  the information as may be required under  [subparagraphs  (ii)]  clauses
    24  (B) and [(iii)] (C) of subparagraph (i) of this paragraph.
    25    (iv) Except as [herein] provided in this paragraph and notwithstanding
    26  any  other  provision of law, neither the proceedings nor the records of
    27  any such physician committee shall be subject to disclosure under  arti-
    28  cle  thirty-one of the civil practice law and rules nor shall any member
    29  of any such committee nor any person in attendance at any  such  meeting
    30  be required to testify as to what transpired thereat.
    31    § 2. This act shall take effect immediately; provided, that the amend-
    32  ments  to  paragraph  (g) of subdivision 11 of section 230 of the public
    33  health law, made by section one of this act, shall not affect the repeal
    34  of such paragraph, and shall be deemed repealed therewith; and provided,
    35  further, that the amendments to subparagraphs (v) and (vi) of  paragraph
    36  (g)  of  subdivision 11 of section 230 of the public health law, made by
    37  section one of this act, shall not affect the repeal  of  such  subpara-
    38  graphs, and shall be deemed repealed therewith.
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