STATE OF NEW YORK
________________________________________________________________________
3870
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. ORTIZ, GALEF, PERRY -- read once and referred to
the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to full and good faith participation in peer review activities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 2805-m of the public health
2 law, as amended by chapter 808 of the laws of 1987, are amended to read
3 as follows:
4 1. The information required to be collected and maintained pursuant to
5 [sections twenty-eight hundred five-j and] section twenty-eight hundred
6 five-k of this article, reports required to be submitted pursuant to
7 section twenty-eight hundred five-l of this article and any incident
8 reporting requirements imposed upon diagnostic and treatment centers
9 pursuant to the provisions of this chapter shall be kept confidential
10 and shall not be released except to the department or pursuant to subdi-
11 vision four of section twenty-eight hundred five-k of this article.
12 2. Notwithstanding any other provisions of law, none of the records,
13 documentation or committee actions or records required pursuant to
14 [sections twenty-eight hundred five-j and] section twenty-eight hundred
15 five-k of this article, the reports required pursuant to section twen-
16 ty-eight hundred five-l of this article nor any incident reporting
17 requirements imposed upon diagnostic and treatment centers pursuant to
18 the provisions of this chapter shall be subject to disclosure under
19 article six of the public officers law or article thirty-one of the
20 civil practice law and rules, except as hereinafter provided or as
21 provided by any other provision of law. No person in attendance at a
22 meeting of any such committee shall be required to testify as to what
23 transpired thereat. The prohibition relating to discovery of testimony
24 shall not apply to the statements made by any person in attendance at
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08197-01-9
A. 3870 2
1 such a meeting who is a party to an action or proceeding the subject
2 matter of which was reviewed at such meeting.
3 § 2. Section 6530 of the education law is amended by adding a new
4 subdivision 50 to read as follows:
5 50. Failure to fully cooperate and participate, reasonably and in good
6 faith, in the quality assurance and peer review programs activities,
7 requirements and procedures covered by section twenty-eight hundred
8 five-j of the public health law.
9 § 3. Subdivision 1 of section 2805-k of the public health law, as
10 amended by chapter 485 of the laws of 1986, paragraph (f) as amended by
11 chapter 477 of the laws of 2008 and paragraph (g) as relettered by chap-
12 ter 786 of the laws of 1992, is amended to read as follows:
13 1. Prior to granting or renewing professional privileges or associ-
14 ation of any physician, dentist or podiatrist or hiring a physician,
15 dentist or podiatrist, a hospital or facility approved pursuant to this
16 article shall request from the physician, dentist or podiatrist and the
17 physician, dentist or podiatrist shall be required to provide the
18 following information:
19 (a) The name of any hospital or facility with or at which the physi-
20 cian, dentist or podiatrist had or has any association, employment,
21 privileges or practice;
22 (b) Where such association, employment, privilege or practice was
23 discontinued, the reasons for its discontinuation;
24 (c) Any pending professional medical, dental or podiatric misconduct
25 proceedings or any pending medical malpractice actions in this state or
26 another state, the substance of the allegations in such proceedings or
27 actions, and any additional information concerning such proceedings or
28 actions as the physician, dentist or podiatrist may deem appropriate;
29 (d) The substance of the findings in such actions or proceedings and
30 any additional information concerning such actions or proceedings as the
31 physician, dentist or podiatrist may deem appropriate;
32 (e) A waiver by the physician, dentist or podiatrist of any confiden-
33 tiality provisions concerning the information required to be provided to
34 hospitals pursuant to this subdivision; [and]
35 (f) Documentation that the physician, dentist or podiatrist has
36 completed the course work or training as mandated by section two hundred
37 thirty-nine of this chapter or section six thousand five hundred five-b
38 of the education law. A hospital or facility shall not grant or renew
39 professional privileges or association to a physician, dentist, or
40 podiatrist who has not completed such course work or training[.];
41 (g) Documentation that the physician, dentist or podiatrist agrees to
42 full, good faith cooperation and participation in any peer review proc-
43 ess, and termination of all privileges, including employment, if such
44 physician, dentist or podiatrist fails to fully cooperate and partic-
45 ipate; and
46 (h) A verification by the physician, dentist or podiatrist that the
47 information provided by the physician, dentist or podiatrist is true and
48 accurate.
49 § 4. This act shall take effect on the first of January next succeed-
50 ing the date on which it shall have become a law.