Requires the reporting of convictions and sentences of certain medical professionals to the office of professional medical conduct within twenty-four hours; requires the department of health to disseminate a criminal conviction and sentence of a physician within forty-eight hours of receipt.
STATE OF NEW YORK
________________________________________________________________________
1596
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to reporting
certain convictions and sentences to the office of professional
medical conduct within twenty-four hours; and to amend the public
health law, in relation to requiring the department to disseminate a
criminal conviction and criminal sentence of a physician within
forty-eight hours of receipt
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 380.85 of the criminal procedure law, as added by
2 chapter 477 of the laws of 2008, is amended to read as follows:
3 § 380.85 Reporting convictions and sentences to office of professional
4 medical conduct; licensed physician, physician assistant, or
5 specialist assistant.
6 1. Whenever a person who is a licensed physician, physician assistant,
7 or specialist assistant or a physician who is practicing under a limited
8 permit or as a medical resident is convicted of a crime, the district
9 attorney or other prosecuting authority who obtained such conviction
10 shall provide notification of the conviction to the office of profes-
11 sional medical conduct within twenty-four hours. Such notification shall
12 identify the offense or offenses of which such person has been
13 convicted, the name and address of such person and any other identifying
14 information prescribed by the commissioner of health, including the
15 person's date of birth and social security number, to the extent
16 consistent with federal and state laws governing personal privacy and
17 confidentiality of information. Such district attorney or other prose-
18 cuting authority shall include in such notice the name and business
19 address of the person's counsel of record in the criminal proceeding.
20 2. Whenever a person who is a licensed physician, physician assistant,
21 or specialist assistant or a physician who is practicing under a limited
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05803-01-3
A. 1596 2
1 permit or as a medical resident is sentenced for a crime, the court that
2 has sentenced such person shall deliver a copy of the certificate of
3 conviction and provide notification of the conviction and sentence to
4 the office of professional medical conduct within twenty-four hours.
5 § 2. Subdivision 9 of section 2995-a of the public health law, as
6 amended by section 3 of part A of chapter 57 of the laws of 2015, is
7 amended to read as follows:
8 9. (a) The department shall, in addition to hard copy physician
9 profiles, provide for electronic access to and copying of physician
10 profiles developed pursuant to this section through the system commonly
11 known as the Internet. The department shall update a physician's online
12 profile within thirty days of receipt of a completed physician profile
13 survey or any change in profile information.
14 (b) Notwithstanding any inconsistent provision of law to the contrary,
15 the department shall update a physician's online profile within forty-
16 eight hours of receipt of a notification of conviction or a copy of a
17 certificate of conviction pursuant to section 380.85 of the criminal
18 procedure law.
19 § 3. This act shall take effect immediately.
