Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.
STATE OF NEW YORK
________________________________________________________________________
7558--B
Cal. No. 646
2013-2014 Regular Sessions
IN ASSEMBLY
May 23, 2013
___________
Introduced by M. of A. BARRETT, RUSSELL, JAFFEE, HIKIND, GALEF, GOTT-
FRIED, ROBERTS, COOK, RAIA, McLAUGHLIN, SIMANOWITZ, CAHILL, SKOUFIS,
FAHY, ROSENTHAL -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN,
CROUCH, GLICK, LALOR, LUPARDO, LUPINACCI, MAYER, RIVERA, SKARTADOS,
SOLAGES, TENNEY, THIELE, WEISENBERG -- read once and referred to the
Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to the identifica-
tion, charging, reporting and investigation of charges of professional
misconduct by health care professionals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 230 of the public health law is amended by adding a
2 new subdivision 9-b to read as follows:
3 9-b. Neither the board for professional medical conduct nor the office
4 of professional medical conduct shall identify, charge, or cause a
5 report made to the director of such office to be investigated based
6 solely upon the recommendation or provision of a treatment modality by a
7 licensee that is not universally accepted by the medical profession,
8 including but not limited to, varying modalities used in the treatment
9 of Lyme disease and other tick-borne diseases. As used in this subdivi-
10 sion the term "licensee" shall mean a physician, physician's assistant,
11 and specialist's assistant. When a licensee, acting in accordance with
12 paragraph e of subdivision four of section sixty-five hundred twenty-
13 seven of the education law, recommends or provides a treatment modality
14 that effectively treats human disease, pain, injury, deformity or phys-
15 ical condition, the recommendation or provision of that modality shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11023-10-4
A. 7558--B 2
1 not, by itself, constitute professional misconduct. This prohibition
2 shall not exonerate such licensee from otherwise applicable professional
3 requirements.
4 § 2. This act shall take effect immediately.
