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S02605 Summary:

S02605 Actions:

S02605 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2605--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2015
                                       ___________
 
        Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT to amend the public health law, in relation to investigations of
          professional medical conduct
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (i)  of  paragraph (a) of subdivision 10 of
     2  section 230 of the public health law, as amended by chapter  11  of  the
     3  laws of 2015, is amended to read as follows:
     4    (i) (A) The board for professional medical conduct, by the director of
     5  the  office  of professional medical conduct, may investigate on its own
     6  any  suspected  professional  misconduct,  and  shall  investigate  each
     7  complaint received regardless of the source.  The director of the office
     8  of  professional medical conduct, when requested by a complainant, shall
     9  meet with the complainant to review materials to be  considered  by  the
    10  board in its review of suspected professional medical misconduct. By the
    11  conclusion  of  a  preliminary  review,  including  an internal clinical
    12  review, the director shall determine if a report is  based  solely  upon
    13  the  recommendation  or  provision of a treatment modality by a licensee
    14  that is not universally accepted by the  medical  profession,  including
    15  but  not  limited  to  varying  modalities used in the treatment of Lyme
    16  disease or other tick-borne diseases. Upon a determination by the direc-
    17  tor that a report is based solely upon  the  provision  of  a  treatment
    18  modality  that  is  not universally accepted, no further review shall be
    19  conducted and no charges shall be brought. Nothing in this section shall
    20  preclude the director from making such a determination  earlier  in,  or
    21  subsequent  to,  a preliminary review. (B) The director of the office of
    22  professional medical conduct shall cause a preliminary review  of  every
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03678-02-6
        S. 2605--A                          2
 
     1  report  made  to the department pursuant to section twenty-eight hundred
     2  three-e as added by chapter eight hundred sixty-six of the laws of nine-
     3  teen hundred eighty, sections twenty-eight hundred five-l and forty-four
     4  hundred five-b of this chapter, and section three hundred fifteen of the
     5  insurance law, to determine if such report reasonably appears to reflect
     6  physician  conduct  warranting  further  investigation  pursuant to this
     7  subparagraph.
     8    § 2. Paragraph (e) of subdivision 10 of  section  230  of  the  public
     9  health law, as amended by chapter 606 of the laws of 1991, is amended to
    10  read as follows:
    11    (e)  Committee  hearing. The hearing shall be conducted by a committee
    12  on professional conduct.  At least twenty-five percent of such committee
    13  shall be non-medical personnel. The members  of  the  hearing  committee
    14  shall  be  appointed by the chairperson of the board who shall designate
    15  the committee chairperson. In addition to said  committee  members,  the
    16  commissioner  shall  designate  an  administrative  officer, admitted to
    17  practice as an attorney in the state of New York,  who  shall  have  the
    18  authority to rule on all motions, including motions to compel disclosure
    19  of  information or material claimed to be protected because of privilege
    20  or confidentiality, procedures and  other  legal  objections  and  shall
    21  draft the conclusions of the hearing committee pursuant to paragraph (g)
    22  of this subdivision.  The administrative officer shall have the authori-
    23  ty  to  rule  on  objections  to  questions posed by either party or the
    24  committee members.  The administrative officer shall not be entitled  to
    25  vote.
    26    §  3.  This  act  shall take effect on the sixtieth day after it shall
    27  have become a law. Provided, that effective immediately,  the  addition,
    28  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    29  implementation of this act on its  effective  date  are  authorized  and
    30  directed  to  be  made and completed by the commissioner of health on or
    31  before such effective date; and provided, further, that  the  amendments
    32  to subparagraph (i) of paragraph (a) of subdivision 10 of section 230 of
    33  the  public  health law made by section one of this act shall not affect
    34  the expiration of such paragraph and shall be deemed  to  expire  there-
    35  with.