S 1476: Requires certain health care providers to disclose disciplinary status to current and new patients.

  
  STATE OF NEW YORK ________________________________________________________________________ 1476 2025-2026 Regular Sessions  IN SENATE January 10, 2025 ___________ Introduced by Sens. KRUEGER, BRISPORT, BROUK, FERNANDEZ, GONZALEZ, HINCHEY, HOYLMAN-SIGAL, JACKSON, MAYER, SALAZAR, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 18 of section 230 of the public health law is 2 amended by adding a new paragraph (c) to read as follows: 3 (c) (i) As used in this paragraph: 4 (A) "licensee" means a physician, physician's assistant, or a special- 5 ist's assistant licensed under title eight of the education law who 6 provides direct patient care; 7 (B) "health care representative" means a health care agent designated 8 by an adult pursuant to article twenty-nine-C of this chapter, a health 9 care surrogate selected to make a health care decision on behalf of a 10 patient pursuant to section twenty-nine hundred ninety-four-d of this 11 chapter, a guardian authorized to decide about health care pursuant to 12 article eighty-one of the mental hygiene law, or a guardian appointed 13 pursuant to section seventeen hundred fifty-B of the surrogate's court 14 procedure act; and 15 (C) "health care" means any treatment, service, or procedure to diag- 16 nose or treat an individual's physical or mental condition. 17 (ii) Except as provided by subparagraph (v) of this paragraph, the 18 office of professional misconduct shall require a physician, physician's 19 assistant or specialist's assistant who has been found to have committed 20 misconduct by the office of professional misconduct or found guilty or 21 liable of an offense in a court of law pursuant to subparagraph (iii) of 22 this paragraph to disclose the following to current or new patients or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03774-01-5 
 S. 1476 2 1 the patient's health care representative on a separate written document: 2 their status with the office of professional misconduct or from a court 3 of law; the length and expiration date of any penalties associated with 4 such finding of misconduct; the cause or causes for disciplinary action 5 stated in the order issued by the office of professional misconduct or a 6 court of law; all practice restrictions placed on the licensee by the 7 office of professional misconduct or a court of law; the address of the 8 office of professional misconduct's website; and the office of profes- 9 sional misconduct's telephone number. This notice shall be provided 10 prior to the patient's first visit, or prior to the patient receiving 11 health care from the physician, physician's assistant and specialist's 12 assistant following the finding of misconduct by the office of profes- 13 sional misconduct or of guilt or liability by a court of law of an 14 offense in any of the circumstances listed in clause (A), (B), (C) or 15 (D) of subparagraph (iii) of this paragraph. A licensee required to 16 provide a disclosure pursuant to this paragraph shall obtain from the 17 patient, or their health care representative, a separate, signed copy of 18 that disclosure prior to the patient entering the room where the licen- 19 see performs the treatment, service, procedure or other direct health 20 care; or in a hospital, ambulatory care center, or other health care 21 facility prior to the licensee performing any treatment, service, proce- 22 dure or other direct health care. 23 (iii) The physician, physician's assistant or specialist's assistant 24 shall provide the disclosure under the following circumstances: 25 (A) The physician, physician's assistant or specialist's assistant has 26 been found to have committed misconduct by the office of professional 27 misconduct or found liable or guilty by a court of law after a determi- 28 nation or stipulated settlement in of any of the following offenses: 29 (1) the commission of any act of sexual abuse, misconduct, exploita- 30 tion, or relations with a patient or client as defined in article one 31 hundred thirty, article two hundred thirty, or article two hundred 32 sixty-three of the penal law; 33 (2) drug or alcohol abuse directly resulting in harm to patients or 34 the extent that such use impairs the ability of the individual to prac- 35 tice safely; 36 (3) criminal conviction directly involving harm to patient health; or 37 (4) inappropriate prescribing resulting in harm to patients and a 38 probationary period of five years or more. 39 (B) The office of professional misconduct or a court of law ordered 40 any of the following regardless if the individual has been placed on 41 probation: 42 (1) a third-party chaperone shall be present when the individual exam- 43 ines patients as a result of sexual misconduct; or 44 (2) the individual shall submit to drug testing as a result of 45 substance abuse. 46 (C) The individual has not successfully completed a training program 47 or any associated examinations required by the office of professional 48 misconduct or a court of law as a condition of probation. 49 (D) The individual has been on probation for any offense more than 50 three times. 51 (iv) The individual shall obtain from each patient, or their health 52 care representative, a signed copy of the disclosure following the 53 disclosure described in subparagraph (iii) of this paragraph that 54 includes a written explanation of how the patient can find further 55 information on the licensee's actions on the office of professional 56 misconduct enforcement actions' website. 
 S. 1476 3 1 (v) The individual shall not be required to provide the disclosure 2 prior to performing any treatment, service, procedure, or other direct 3 health care as required by subdivision three of this section, if in the 4 health care professional's judgment, an emergency exists and the person 5 is in immediate need of medical attention, and an attempt to secure 6 consent would result in delay of treatment which would increase the risk 7 to such person's life or health, or if the patient is incapacitated and 8 the patient's health care representative is not reasonably available. 9 (vi) Should a patient, or their health care representative, elect to 10 cancel the patient's appointment, treatment, service, procedure, or 11 other direct health care with the individual upon being provided with 12 the disclosure required by subparagraph (iii) of this paragraph, neither 13 the patient nor the patient's insurance company shall be charged for the 14 appointment. 15 (vii) Any physician, physician's assistant or specialist's assistant 16 who violates the provisions of this paragraph shall be subject to a 17 penalty not to exceed two thousand dollars. Any individual who commits 18 subsequent, willful violations of the provisions of this paragraph shall 19 have their license suspended for a period of time to be determined by 20 the office of professional misconduct. 21 (viii) The commissioner shall promulgate regulations to implement the 22 requirements of this paragraph, and shall issue forms set forth that 23 shall be used to satisfy the written requirement specified in this para- 24 graph which shall also include: 25 (A) provisions that address a health care facility's responsibility to 26 ensure the patient receives care from an appropriate individual or to 27 transfer the patient if the patient refuses care from the individual 28 that has been found to have committed misconduct or has been found to be 29 liable or guilty of an offense by a court of law pursuant to subpara- 30 graph (iii) of this paragraph and another individual is not available at 31 the health care facility to provide care; and 32 (B) provisions related to enforcing of the requirements of this para- 33 graph. 34 § 2. This act shall take effect January 1, 2026 and shall apply to all 35 probationary orders issued on or after such effective date. Effective 36 immediately, the addition, amendment and/or repeal of any rule or regu- 37 lation necessary for the implementation of this act on its effective 38 date are authorized to be made and completed on or before such effective 39 date.