Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7558B
SPONSOR: Barrett TITLE OF BILL: An act to amend the public health law, in relation to
the identification, charging, reporting and investigation of charges of
professional misconduct by health care professionals
PURPOSE: To ensure that the Office of Professional Medical Conduct
(OPMC) shall not identify, investigate, or charge a practitioner based
solely on their recommendation or provision of a treatment modality that
is currently not universally accepted by the medical community
SUMMARY OF PROVISIONS:
Section one of the bill amends Section 230 of the public health law by
adding a new subdivision 9-b to ensure that neither the board for
professional medical conduct nor the office of professional medical
conduct shall identify, charge, or cause a report made to the director
of such office to be investigated based solely upon the recommendation
or provision of a treatment modality by a licensee that is not
universally accepted by the medical profession, including but not limit-
ed to, varying modalities used in the treatment of Lyme disease and
other tick-borne diseases.
Section two of the bill provides for an immediate effective date,
JUSTIFICATION: In New York State, the Office of Professional Medical
Conduct (OPMC) is charged with ensuring that appropriate medical care is
given to all New York residents, through the investigation and prose-
cution of professional misconduct by physicians, physician assistants
and specialist assistants. Because the medical profession is one that
continually evolves with scientific breakthroughs, it is important that
the OPMC maintains a flexible, case-specific, investigations policy -
particularly where new treatments and acceptance by the medical communi-
ty do not align.
This has been relevant to concerns raised regarding the investigation of
alternative medical treatment of Lyme and tick-borne disease with modal-
ities not universally accepted by the medical community. As the debate
surrounding acceptable protocols continues, it is important that the
State takes a treatment-neutral approach where possible in order to
ensure that medical professionals remain the discerning voice in defin-
ing appropriate medical care. To that end, recognizing that the determi-
nation of appropriate diagnosis and treatment on a case-by-case basis is
a responsibility solely held by a medical professional, it is also crit-
ical to ensure that bodies such as the OPMC do not inadvertently endorse
or preclude innovative treatments with rules that may dissuade medical
professionals from pursuing new methods.
In a memo dated June 15, 2005, the Director of the Office of Profes-
sional Medical Conduct "memorialized and endorse
d" these very princi-
ples. The memo, circulated to the staff members of the OPMC advised that
so long as a treatment modality effectively treats a medical condition,
within certain specifications, its recommendation or provision cannot,
by itself constitute professional misconduct. Thus, the determination of
effective and appropriate treatment remains in the hands of the proper
entity, the medical professional As such, this legislation codifies the
existing policy of the OPMC to clarify that the OPMC shall not identify,
investigate, or charge a practitioner based solely on their recommenda-
tion or provision of a treatment modality that is currently not
universally accepted by the medical community.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: No fiscal implications.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7558--B
Cal. No. 646
2013-2014 Regular Sessions
IN ASSEMBLY
May 23, 2013
___________
Introduced by M. of A. BARRETT, RUSSELL, JAFFEE, HIKIND, GALEF, GOTT-
FRIED, ROBERTS, COOK, RAIA, McLAUGHLIN, SIMANOWITZ, CAHILL, SKOUFIS,
FAHY, ROSENTHAL -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN,
CROUCH, GLICK, LALOR, LUPARDO, LUPINACCI, MAYER, RIVERA, SKARTADOS,
SOLAGES, TENNEY, THIELE, WEISENBERG -- read once and referred to the
Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to the identifica-
tion, charging, reporting and investigation of charges of professional
misconduct by health care professionals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 230 of the public health law is amended by adding a
2 new subdivision 9-b to read as follows:
3 9-b. Neither the board for professional medical conduct nor the office
4 of professional medical conduct shall identify, charge, or cause a
5 report made to the director of such office to be investigated based
6 solely upon the recommendation or provision of a treatment modality by a
7 licensee that is not universally accepted by the medical profession,
8 including but not limited to, varying modalities used in the treatment
9 of Lyme disease and other tick-borne diseases. As used in this subdivi-
10 sion the term "licensee" shall mean a physician, physician's assistant,
11 and specialist's assistant. When a licensee, acting in accordance with
12 paragraph e of subdivision four of section sixty-five hundred twenty-
13 seven of the education law, recommends or provides a treatment modality
14 that effectively treats human disease, pain, injury, deformity or phys-
15 ical condition, the recommendation or provision of that modality shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11023-10-4
A. 7558--B 2
1 not, by itself, constitute professional misconduct. This prohibition
2 shall not exonerate such licensee from otherwise applicable professional
3 requirements.
4 § 2. This act shall take effect immediately.
