S02605 Summary:

BILL NO    S02605 

SAME AS    No same as 

SPONSOR    LATIMER

COSPNSR    

MLTSPNSR   

Amd S230, Pub Health L

Provides that the director of the office of professional medical conduct shall
meet with complainants, when requested by the complainant, to review materials
to be considered by the board for professional medical conduct when considering
complaints of misconduct.
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S02605 Actions:

BILL NO    S02605 

01/26/2015 REFERRED TO HEALTH
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S02605 Votes:

There are no votes for this bill in this legislative session.
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S02605 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2605

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                   January 26, 2015
                                      ___________

       Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health

       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 542 of the
    3  laws of 2000, is amended to read as follows:
    4    (i) The board for professional medical conduct, by the director of the
    5  office of professional medical conduct, may investigate on its  own  any
    6  suspected  professional misconduct, and shall investigate each complaint
    7  received regardless of the source.    THE  DIRECTOR  OF  THE  OFFICE  OF
    8  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. The
   11  director of the office of professional medical  conduct  shall  cause  a
   12  preliminary  review  of  every report made to the department pursuant to
   13  section twenty-eight hundred three-e as added by chapter  eight  hundred
   14  sixty-six  of the laws of nineteen hundred eighty, sections twenty-eight
   15  hundred five-l and  forty-four  hundred  five-b  of  this  chapter,  and
   16  section three hundred fifteen of the insurance law, to determine if such
   17  report  reasonably  appears  to  reflect  physician  conduct  warranting
   18  further investigation pursuant to this subparagraph.
   19    S 2. Paragraph (e) of subdivision 10 of  section  230  of  the  public
   20  health law, as amended by chapter 606 of the laws of 1991, is amended to
   21  read as follows:
   22    (e)  Committee  hearing. The hearing shall be conducted by a committee
   23  on professional conduct.  AT LEAST TWENTY-FIVE PERCENT OF SUCH COMMITTEE
   24  SHALL BE NON-MEDICAL PERSONNEL. The members  of  the  hearing  committee
   25  shall  be  appointed by the chairperson of the board who shall designate

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03678-01-5
       S. 2605                             2

    1  the committee chairperson. In addition to said  committee  members,  the
    2  commissioner  shall  designate  an  administrative  officer, admitted to
    3  practice as an attorney in the state of New York,  who  shall  have  the
    4  authority to rule on all motions, including motions to compel disclosure
    5  of  information or material claimed to be protected because of privilege
    6  or confidentiality, procedures and  other  legal  objections  and  shall
    7  draft the conclusions of the hearing committee pursuant to paragraph (g)
    8  OF THIS SUBDIVISION.  The administrative officer shall have the authori-
    9  ty  to  rule  on  objections  to  questions posed by either party or the
   10  committee members.  The administrative officer shall not be entitled  to
   11  vote.
   12    S  3.  This  act  shall take effect on the sixtieth day after it shall
   13  have become a law. Provided, that effective immediately,  the  addition,
   14  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   15  implementation of this act on its  effective  date  are  authorized  and
   16  directed  to  be  made and completed by the commissioner of health on or
   17  before such effective date; and provided, further, that  the  amendments
   18  to subparagraph (i) of paragraph (a) of subdivision 10 of section 230 of
   19  the  public  health law made by section one of this act shall not affect
   20  the expiration of such paragraph and shall be deemed  to  expire  there-
   21  with.
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