Bill Text: NY S02635 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires certain health care providers to disclose the fact that the provider is on probation to current and new patients.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S02635 Detail]
Download: New_York-2019-S02635-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2635 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sen. KRUEGER -- 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 the fact that the provider is on 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) Except as provided by subdivision five of this section, the 24 department and the applicable state board shall require a licensee to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08591-01-9S. 2635 2 1 disclose the following on a separate document: his or her probationary 2 status; the cause or causes for probation alleged in the accusation, the 3 statement of the issues, or the legal conclusions of an administrative 4 law judge; the length of the probation and the end date; all practice 5 restrictions placed on the licensee by the board; the address of the 6 applicable state board's internet website; and the applicable state 7 board's telephone number to a current or new patient, the patient's 8 guardian or the patient's health care surrogate prior to the patient's 9 first visit following the probationary order while the licensee is on 10 probation pursuant to a probationary order made after January first, two 11 thousand nineteen, in any of the circumstances listed in paragraph (a), 12 (b), (c) or (d) of this subdivision. Such written disclosure shall be 13 provided to the patient, the patient's guardian or the patient's health 14 care surrogate in the licensee's office prior to the time the patient 15 enters the examination room and the examination or treatment commences. 16 The licensee shall provide the disclosure under the following circum- 17 stances: 18 (a) An accusation against the licensee alleges, a complaint filed 19 against the licensee indicates, or the legal conclusions of an adminis- 20 trative law judge find that the licensee is implicated in any of the 21 following: 22 (i) gross negligence; 23 (ii) repeated negligent acts involving a departure from the standard 24 of care with multiple patients; 25 (iii) drug or alcohol abuse that threatens to impair a licensee's 26 ability to render patient care safely, including practicing under the 27 influence of drugs or alcohol; 28 (iv) felony conviction arising from or occurring during patient care 29 or treatment; or 30 (v) 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; 36 (ii) that the licensee submit to drug testing as a result of drug or 37 alcohol abuse; and/or 38 (iii) that the licensee have a monitor. 39 (c) The licensee has not successfully completed a training program or 40 any associated examinations required by the board as a condition of 41 probation. 42 (d) The licensee has been on probation more than once. 43 (4) The licensee shall obtain from each patient a signed receipt 44 following the disclosure described in subdivision three of this section 45 that includes a written explanation of how the patient can find further 46 information on the licensee's probation on the applicable state board's 47 internet website. 48 (5) The licensee shall not be required to provide the disclosure prior 49 to the visit as required by subdivision three of this section if the 50 visit occurs in an emergency room, the patient is incapacitated, and the 51 patient's guardian or the patient's health care surrogate is not pres- 52 ent. 53 (6) If a patient, the patient's guardian, or the patient's health care 54 surrogate elects to cancel the patient's appointment with the licensee 55 upon being provided with the disclosure required by subdivision three ofS. 2635 3 1 this section, neither the patient nor the patient's insurance company 2 shall be charged for the appointment. 3 (7) Any person who violates the provisions of this section shall be 4 subject to a penalty not to exceed two thousand dollars. Any person who 5 commits subsequent, willful violations of the provisions of this section 6 shall have his or her license suspended for a period of time to be 7 determined by the commissioner. 8 § 2. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law and shall apply to all probationary orders 10 issued on or after January 1, 2020. Effective immediately, the addition, 11 amendment and/or repeal of any rule or regulation necessary for the 12 implementation of this act on its effective date are authorized and 13 directed to be made and completed on or before such effective date.
