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S07854 Summary:

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S07854 Floor Votes:

S07854 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7854
 
                    IN SENATE
 
                                      June 14, 2014
                                       ___________
 
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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
    16  not,  by  itself,  constitute  professional misconduct. This prohibition
    17  shall not exonerate such licensee from otherwise applicable professional
    18  requirements.
    19    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD15605-01-4