STATE OF NEW YORK
________________________________________________________________________
2991
2023-2024 Regular Sessions
IN ASSEMBLY
February 1, 2023
___________
Introduced by M. of A. GALLAHAN, BYRNES, HAWLEY, LEMONDES, MANKTELOW,
DeSTEFANO, MORINELLO, J. M. GIGLIO, BRABENEC, DURSO, SIMPSON, TANNOUS-
IS, MIKULIN, McDONOUGH, PALMESANO -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to reporting inci-
dents of possible professional misconduct
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Clara's Law".
2 § 2. Subdivision 1 of section 2803-e of the public health law, as
3 added by chapter 866 of the laws of 1980, is amended by adding a new
4 paragraph (c) to read as follows:
5 (c) Hospitals and other facilities approved pursuant to this article
6 shall make a report or cause a report to be made within thirty days of
7 every separate allegation of a sexual offense, as defined in article one
8 hundred thirty of the penal law, by a health care practitioner which
9 involves a patient.
10 § 3. Subdivision 2 of section 2803-e of the public health law, as
11 amended by chapter 542 of the laws of 2000, is amended and a new subdi-
12 vision 4 is added to read as follows:
13 2. Reports of possible professional misconduct made pursuant to this
14 section shall be made in writing to the education department with
15 respect to all individuals licensed pursuant to title eight of the
16 education law except that such reports shall be made to the department
17 of health in the case of physicians, physician's assistants and special-
18 ist's assistants. Reports for all allegations of a sexual offense pursu-
19 ant to paragraph (c) of this section shall be made to the department of
20 health in addition to the education department with respect to all indi-
21 viduals licensed pursuant to title eight of the education law. Written
22 reports shall include the following information:
23 (a) name, address, profession and license number of the individual;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04919-01-3
A. 2991 2
1 (b) a description of the action taken by the hospital including the
2 reason for the action and the date thereof, or the nature of the action
3 or conduct which led to the resignation or withdrawal, and the date
4 thereof, stated with sufficient specificity to allow a reasonable person
5 to understand which of the reasons enumerated in subdivision one of this
6 section led to the action of the hospital or the resignation or with-
7 drawal of the individual, and, if the reason was an act or omission of
8 the individual, the particular act or omission;
9 (c) any criminal conviction of which the hospital has knowledge; and
10 (d) such other information as the education department or the depart-
11 ment of health shall require.
12 4. For purposes of this section the term "health care practitioner"
13 shall mean a person licensed, certified or otherwise authorized to prac-
14 tice under title eight of the education law.
15 § 4. This act shall take effect on the ninetieth day after it shall
16 have become a law.
