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S4495 Actions

S4495A - REFERRED TO HEALTH - Jan 6, 2010
S4495A - AMEND AND RECOMMIT TO HEALTH - Jun 3, 2009
S4495A - PRINT NUMBER 4495A - Jun 3, 2009
S4495 - REFERRED TO HEALTH - Apr 24, 2009

S4495 Memo

BILL NUMBER: S4495

TITLE OF BILL : An act to amend the public health law, the education law and the labor law, in relation to prohibiting participation in torture and improper treatment of prisoners by health care professionals



PURPOSE OR GENERAL IDEA OF BILL : To bar health care professionals from participating in torture or improper treatment of prisoners, and provide a means by which health care professionals responsible for the care of prisoners or detainees can refuse an order to directly or indirectly participate in torture and to insist on providing professionally responsible care and treatment.

SUMMARY OF SPECIFIC PROVISIONS : Bill section one is a statement of the legislature's intent to give effect to existing international treaties, and standards, federal, state and local laws, and professional standards. Bill section 2 would create a new Public Health Law ? 22. Subdivision defines "health care professional" to include all health professions licensed by Title Eight of the Education Law. The definitions of "torture" and "improper treatment" of a prisoner are consistent with international treaties, federal and state law and professional standards. "Prisoner" is defined as any person who is subject to punishment, detention, incarceration, interrogation, intimidation or coercion.

Subdivision 2 of the new ?22 provides that it shall be an element of any violation of this section that the health care professional knew or reasonably should have known the nature of his or her actions. Subdivision 3 establishes general obligations of health care professionals in relation to the treatment of prisoners and detained persons, consistent with generally applicable legal, health and professional standards, including protection of confidential patient information.

Subdivision 4 prohibits direct and indirect actions which constitute participation, complicity, incitement, assistance, planning, design, attempt, or conspiracy to commit torture or improper treatment of a prisoner. Health care professionals may not use their knowledge or skill to adversely affect a prisoner's health by punishment, detention, incarceration, interrogation, intimidation or coercion, or to evaluate or treat a prisoner so that such improper treatment may be used or continued. Subdivision 5 permits the proper conduct of health care professionals

towards prisoners: to provide proper care and treatment as reasonably able under the circumstances. The purpose must be to evaluate, treat, protect, or improve the physical or mental health or condition of a prisoner. They may restrain or sedate a prisoner, where such actions comply with appropriate standards, are necessary to protect health or safety, and do not harm the prisoner. Health care professionals may appropriately participate in the investigation, prosecution or defense in criminal, administrative, civil matters. Health care professionals may provide training only in relation to recognizing and responding to physical and mental illness; the effects of interrogation techniques and the development of effective interrogation strategies, so long as such training is not in support of specific interrogations. Subdivision 6 establishes a duty to report, consistent with protecting the safety of both the prisoner and the health care professional. Subdivision 7 establishes mitigation for compliance with an investigation of, or reporting, alleged torture or mistreatment of prisoners.

Subdivision 8 applies this section to conduct taking place within and beyond New York's borders. Bill sections 3 and 4 add the violation of the new ?22 to the definition of professional misconduct in Education Law ?? 6509 (health care professionals other than physicians or physician assistants) and (physicians and physician assistants). Bill section 5 and 6 adds whistleblower protections for employees and contractors to labor law ??740 and 741.

JUSTIFICATION : There is very strong evidence that U.S. health professionals have been directly engaged in or complicit in torture and other cruel, inhuman or degrading treatment of prisoners and detainees. 1'2 The situation does not appear to be that of a few errant individuals, but a more systemic problem, facilitated by official policy. Most frequently, involvement is indirect, such as enabling mistreatment to continue by treating the consequences of the mistreatment. However, complicity has also become more direct: evaluating a prisoner prior to interrogation and setting the limits for torture, resuscitating or treating a prisoner during an interrogation session so that the interrogation may continue, making a prisoner's medical records available to interrogators, advising on strategies for a torture session, and developing torture techniques. Health care professionals have an ethical obligation to protect prisoners against torture and other cruel, inhuman, or degrading treatment. However, we now know that American governmental authorities have reinterpreted both the meaning of torture and health professionals' ethical obligations to encourage them to participate in these acts. It is reasonable to assume that state and local authorities, as well as foreign governments, are also engaging in such practices and involving American health care professionals. Widely accepted principles of medical ethics clearly define the roles and responsibilities of health care professionals in regard to the ethical treatment of prisoners and detainees. In 1975, the World Medical Association adopted the Declaration of Tokyo, which contained the "Guidelines for Medical Doctors concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in relation to Detention and Imprisonment." These guidelines were amended and strengthened in 2006 to forbid the participation of physicians in any interrogation of an individual detainee or prisoner. In 1982, the UN General Assembly adopted "Principles of medical ethics relevant to the role of health personnel, particularly physicians, in the protection of prisoners against torture and other cruel, inhuman or degrading treatment or punishment,"3 drafted by the World Health Organization. The American Medical Association, the American Psychiatric Association, and other professional organizations have adopted these and similar principles. For professionals licensed by New York State, it is appropriate for New York to adopt legislation that provides accountability and implements these widely held rules of professional conduct. Both the Declaration of Tokyo and the UN principles call for all governments and professional organizations to adopt standards implementing these principles.



PRIOR LEGISLATIVE HISTORY : 2008: Based upon A.9891 reported to Rules committee

FISCAL IMPLICATIONS : None to the state

EFFECTIVE DATE : January 1 after the date that it shall have become law.

S4495 Text

S T A T E O F N E W Y O R K
4495
2009-2010 Regular Sessions I N SENATE April 24, 2009
Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, the education law and the labor law, in relation to prohibiting participation in torture and improper treatment of prisoners by health care professionals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1. Legislative policy and intent. This legislation is based on, and is intended to give effect to, international treaties and stand ards; federal, state and local law; and professional standards relating to torture, improper treatment of prisoners, and related matters. It is guided by two basic principles: (1) health care professionals shall be dedicated to providing the highest standard of health care, with compassion and respect for human dignity and rights; and (2) torture and improper treatment of prisoners are wrong and inconsistent with the practice of the health care professions. The legislature finds that the conduct prohibited by this act violates the ethical and legal obli gations of licensed health care professionals. This legislation will further protect the professionalism of New York state licensed health care professionals by authorizing and obligating them to refuse to participate in torture and improper treatment of prisoners, which in turn will protect the life and health of the people of the state and those with whom New York licensed health care professionals interact. The legislature is mindful that ordinarily there are limits on New York state's jurisdiction relating to conduct outside the state or under federal authority. However, it is proper for the state to regulate health care professional licensure in relation to a professional's conduct, even where the conduct occurs outside the state; certain wrong ful out-of-state conduct is already grounds for professional discipline. Therefore, it is the legislature's intent that this legislation be applied to the fullest extent possible. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00774-03-9
S. 4495 2

S 2. The public health law is amended by adding a new section 22 to read as follows:


S 22. PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE TERMS "TORTURE" AND "IMPROPER TREATMENT" SHALL BE INTERPRETED IN ACCORD ANCE WITH APPLICABLE INTERNATIONAL TREATIES, PRINCIPLES AND STANDARDS AS WELL AS THE DECISIONS, OBSERVATIONS AND RECOMMENDATIONS OF THE CORRE SPONDING INTERPRETING BODIES. HOWEVER, FOR THE PURPOSES OF THIS SECTION, IT SHALL NOT BE AN ELEMENT OF EITHER "TORTURE" OR "IMPROPER TREATMENT" THAT SUCH ACTS BE COMMITTED BY A GOVERNMENT OR NON-GOVERNMENT ACTOR, ENTITY, OR OFFICIAL; UNDER COLOR OF LAW; OR NOT UNDER COLOR OF LAW. AS USED IN THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
(A) "HEALTH CARE PROFESSIONAL" MEANS ANY PERSON LICENSED, REGISTERED, CERTIFIED, OR EXEMPT TO PRACTICE UNDER (I) ANY OF THE FOLLOWING ARTICLES OF THE EDUCATION LAW: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED THIRTY-ONE-B (PHYSICIAN ASSISTANTS AND SPECIALIST ASSISTANTS), ONE HUNDRED THIRTY-TWO (CHIROPRACTIC), ONE HUNDRED THIRTY-THREE (DENTISTRY AND DENTAL HYGIENE), ONE HUNDRED THIRTY-SIX (PHYSICAL THERAPY AND PHYS ICAL THERAPIST ASSISTANTS), ONE HUNDRED THIRTY-SEVEN (PHARMACY), ONE HUNDRED THIRTY-NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY PRACTICE ACT), ONE HUNDRED FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY), ONE HUNDRED FORTY-FOUR (OPHTHALMIC DISPENSING), ONE HUNDRED FIFTY-THREE (PSYCHOLOGY), ONE HUNDRED FIFTY-FOUR (SOCIAL WORK), ONE HUNDRED FIFTY-FIVE (MASSAGE THERAPY), ONE HUNDRED FIFTY-SIX (OCCUPA TIONAL THERAPY), ONE HUNDRED FIFTY-SEVEN (DIETETICS AND NUTRITION), ONE HUNDRED FIFTY-NINE (SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS), ONE HUNDRED SIXTY (ACUPUNCTURE), ONE HUNDRED SIXTY-THREE (MENTAL HEALTH PRACTITIONERS), ONE HUNDRED SIXTY-FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS), ONE HUNDRED SIXTY-FIVE (CLINICAL LABO RATORY TECHNOLOGY PRACTICE ACT), OR ONE HUNDRED SIXTY-SIX (MEDICAL PHYS ICS PRACTICE), OR (II) ARTICLE THIRTY-FIVE OF THIS CHAPTER (PRACTICE OF RADIOLOGIC TECHNOLOGY). (B) "TORTURE" MEANS ANY INTENTIONAL ACT OR INTENTIONAL OMISSION BY WHICH SEVERE PAIN OR SUFFERING, WHETHER PHYSICAL OR MENTAL, IS INFLICTED ON A PERSON FOR SUCH PURPOSES AS OBTAINING FROM THE PERSON OR FROM A THIRD PERSON INFORMATION OR A CONFESSION, PUNISHING THE PERSON FOR AN ACT THE PERSON OR A THIRD PERSON HAS COMMITTED (INCLUDING THE HOLDING OF A BELIEF OR MEMBERSHIP IN ANY GROUP) OR IS SUSPECTED OF HAVING COMMIT TED, OR INTIMIDATING OR COERCING THE PERSON OR A THIRD PERSON, OR FOR ANY REASON BASED ON DISCRIMINATION OF ANY KIND. IT DOES NOT INCLUDE PAIN OR SUFFERING ARISING ONLY FROM, INHERENT IN OR INCIDENTAL TO LAWFUL SANCTION. (C) "IMPROPER TREATMENT" MEANS (I) CRUEL AND UNUSUAL, CRUEL, INHUMAN OR DEGRADING, TREATMENT OR PUNISHMENT AS DEFINED BY APPLICABLE INTERNA TIONAL TREATIES AND THEIR CORRESPONDING INTERPRETING BODIES, OR CRUEL AND UNUSUAL PUNISHMENT AS DEFINED IN THE UNITED STATES CONSTITUTION OR THE NEW YORK STATE CONSTITUTION; OR (II) ANY VIOLATION OF SUBDIVISION THREE OR FOUR OF THIS SECTION. (D) "PRISONER" MEANS ANY PERSON WHO IS SUBJECT TO PUNISHMENT, DETENTION, INCARCERATION, INTERROGATION, INTIMIDATION OR COERCION, REGARDLESS OF WHETHER SUCH ACTION IS PERFORMED OR COMMITTED BY A GOVERN MENT OR NON-GOVERNMENT ACTOR, ENTITY, OR OFFICIAL; UNDER COLOR OF LAW; OR NOT UNDER COLOR OF LAW. (E) TO "ADVERSELY AFFECT" A PERSON'S PHYSICAL OR MENTAL HEALTH OR CONDITION DOES NOT INCLUDE CAUSING ADVERSE EFFECTS THAT MAY ARISE FROM S. 4495 3 TREATMENT OR CARE WHEN THAT TREATMENT OR CARE IS PERFORMED IN ACCORDANCE WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AND FOR THE PURPOSES OF EVALUATING, TREATING, PROTECTING OR IMPROVING THE PERSON'S HEALTH. 2. KNOWLEDGE. IT SHALL BE AN ELEMENT OF ANY VIOLATION OF THIS SECTION THAT THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THE NATURE OF HIS OR HER CONDUCT. IF A HEALTH CARE PROFESSIONAL WHO OPERATES IN A CLOSED INSTITUTION SUCH AS A JAIL OR OTHER DETENTION FACILITY, POLICE FACILITY, PRISON, OR PSYCHIATRIC OR MILITARY FACILITY, IS NOT GIVEN ACCESS BY THE INSTITUTION TO THE INFORMATION NECESSARY TO ASSESS THE NATURE OF HIS OR HER CONDUCT AS COVERED BY THIS SECTION, THE HEALTH CARE PROFESSIONAL MUST PRESUME THAT THE PRISONER FACES RISK OF TORTURE OR IMPROPER TREAT MENT. 3. GENERAL OBLIGATIONS OF HEALTH CARE PROFESSIONALS. (A) EVERY HEALTH CARE PROFESSIONAL SHALL PROVIDE EVERY PRISONER UNDER HIS OR HER PROFES SIONAL CARE WITH CARE OR TREATMENT CONSISTENT WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AS THE HEALTH CARE PROFESSIONAL IS REASONABLY ABLE TO PROVIDE UNDER THE CIRCUMSTANCES, INCLUDING PROTECTION OF THE CONFIDENTIALITY OF PATIENT INFORMATION. (B) IN ALL CLINICAL ASSESSMENTS RELATING TO A PRISONER, WHETHER FOR THERAPEUTIC OR EVALUATIVE PURPOSES, HEALTH CARE PROCESSIONALS SHALL EXERCISE THEIR PROFESSIONAL JUDGMENT INDEPENDENT OF THE INTERESTS OF A GOVERNMENT OR OTHER THIRD PARTY. 4. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PROHIBITED. (A) NO HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR SKILLS IN RELATION TO, ENGAGE IN ANY PROFESSIONAL RELATIONSHIP WITH, OR PERFORM PROFESSIONAL SERVICES IN RELATION TO ANY PRISONER WHERE THE PURPOSE IS NOT TO EVALUATE, TREAT, PROTECT, OR IMPROVE THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF THE PRISONER (EXCEPT AS PERMITTED BY PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION). (B) NO HEALTH CARE PROFESSIONAL SHALL ENGAGE, DIRECTLY OR INDIRECTLY, IN ANY ACT WHICH CONSTITUTES PARTICIPATION IN, COMPLICITY IN, INCITEMENT TO, ASSISTANCE IN, PLANNING OR DESIGN OF, OR ATTEMPT OR CONSPIRACY TO COMMIT TORTURE OR IMPROPER TREATMENT OF A PRISONER. PROHIBITED FORMS OF ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
(I) PROVIDING MEANS OR KNOWLEDGE WITH THE INTENT TO FACILITATE THE PRACTICE OF TORTURE OR IMPROPER TREATMENT; (II) PERMITTING HIS OR HER KNOWLEDGE OR CLINICAL FINDINGS OR TREATMENT TO BE USED IN THE PROCESS OF TORTURE OR IMPROPER TREATMENT; (III) EXAMINING, EVALUATING, OR TREATING A PRISONER TO CERTIFY WHETHER TORTURE OR IMPROPER TREATMENT CAN BEGIN OR BE RESUMED; (IV) BEING PRESENT WHILE TORTURE OR IMPROPER TREATMENT IS BEING ADMIN ISTERED; (V) OMITTING INDICATIONS OF TORTURE OR IMPROPER TREATMENT FROM RECORDS OR REPORTS; AND (VI) ALTERING HEALTH CARE RECORDS OR REPORTS TO HIDE, MISREPRESENT OR DESTROY EVIDENCE OF TORTURE OR IMPROPER TREATMENT. (C) NO HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR SKILLS OR PERFORM ANY PROFESSIONAL SERVICE IN ORDER TO ASSIST IN THE PUNISHMENT, DETENTION, OR INCARCERATION, INTERROGATION, INTIMIDATION, OR COERCION OF A PRISONER WHEN SUCH ASSISTANCE IS PROVIDED IN A MANNER THAT MAY ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF THE PRISONER (EXCEPT AS PERMITTED BY PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF THIS SECTION). (D) NO HEALTH CARE PROFESSIONAL SHALL PARTICIPATE IN THE INTERROGATION OF A PRISONER, INCLUDING BEING PRESENT IN THE INTERROGATION ROOM, ASKING S. 4495 4 OR SUGGESTING QUESTIONS, ADVISING ON THE USE OF SPECIFIC INTERROGATION TECHNIQUES, MONITORING THE INTERROGATION, OR MEDICALLY OR PSYCHOLOGICAL LY EVALUATING A PERSON FOR THE PURPOSE OF IDENTIFYING POTENTIAL INTERRO GATION METHODS OR STRATEGIES. HOWEVER, THIS PARAGRAPH SHALL NOT BAR A HEALTH CARE PROFESSIONAL FROM ENGAGING IN CONDUCT UNDER PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION. 5. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PERMITTED. A HEALTH CARE PROFESSIONAL MAY ENGAGE IN THE FOLLOWING CONDUCT SO LONG AS IT DOES NOT VIOLATE SUBDIVISION THREE OR FOUR OF THIS SECTION, IT DOES NOT ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF A PRISON ER OR POTENTIAL SUBJECT, AND IS NOT OTHERWISE UNLAWFUL:
(A) APPROPRIATELY PARTICIPATING OR AIDING IN THE INVESTIGATION, PROSE CUTION, OR DEFENSE OF A CRIMINAL, ADMINISTRATIVE OR CIVIL MATTER; (B) PARTICIPATING IN

AN ACT THAT RESTRAINS A PRISONER OR TEMPORARILY ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF A PRISONER, WHERE THE ACT COMPLIES WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STAND ARDS, IS NECESSARY FOR THE PROTECTION OF THE PHYSICAL OR MENTAL HEALTH, CONDITION OR SAFETY OF THE PRISONER, OTHER PRISONERS, OR PERSONS CARING FOR, GUARDING OR CONFINING THE PRISONER; (C) TRAINING RELATED TO THE FOLLOWING PURPOSES, SO LONG AS IT IS NOT PROVIDED IN SUPPORT OF SPECIFIC ONGOING OR ANTICIPATED INTERROGATIONS:
(I) RECOGNIZING AND RESPONDING TO PERSONS WITH PHYSICAL OR MENTAL ILLNESS OR CONDITIONS, (II) THE POSSIBLE PHYSICAL AND MENTAL EFFECTS OF PARTICULAR TECHNIQUES AND CONDITIONS OF INTERROGATION, OR (III) THE DEVELOPMENT OF EFFECTIVE INTERROGATION STRATEGIES. 6. DUTY TO REPORT. A HEALTH CARE PROFESSIONAL WHO HAS REASONABLE GROUNDS (NOT BASED SOLELY ON PUBLICLY AVAILABLE INFORMATION) TO BELIEVE THAT TORTURE, IMPROPER TREATMENT OR OTHER CONDUCT IN VIOLATION OF THIS SECTION HAS OCCURRED, IS OCCURRING, OR WILL OCCUR SHALL, AS SOON AS IS POSSIBLE WITHOUT JEOPARDIZING THE PHYSICAL SAFETY OF HIMSELF OR HERSELF, THE PRISONER, OR INNOCENT PARTIES, REPORT SUCH CONDUCT TO:
(A) A GOVERNMENT AGENCY THAT THE HEALTH CARE PROFESSIONAL REASONABLY BELIEVES HAS LEGAL AUTHORITY TO PUNISH OR PREVENT THE CONTINUATION OF TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN VIOLATION OF THIS SECTION AND IS REASONABLY LIKELY TO ATTEMPT TO DO SO, OR (B) A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY THAT THE HEALTH CARE PROFESSIONAL REASONABLY BELIEVES WILL NOTIFY SUCH A GOVERNMENT AGENCY OF THE TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN VIOLATION OF THIS SECTION OR TAKE OTHER ACTION TO PUBLICIZE OR PREVENT SUCH TORTURE, TREATMENT OR CONDUCT. 7. MITIGATION. THE FOLLOWING MAY BE CONSIDERED IN FULL OR PARTIAL MITIGATION OF A VIOLATION OF THIS SECTION BY THE HEALTH CARE PROFES SIONAL:
(A) COMPLIANCE WITH SUBDIVISION SIX OF THIS SECTION; OR (B) COOPERATION IN GOOD FAITH WITH AN INVESTIGATION OF A VIOLATION OF THIS SECTION. 8. APPLICABILITY. THIS SECTION SHALL APPLY TO CONDUCT TAKING PLACE WITHIN OR OUTSIDE NEW YORK STATE, AND WITHOUT REGARD TO WHETHER THE CONDUCT IS COMMITTED BY A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY, OFFI CIAL, OR ACTOR OR UNDER ACTUAL OR ASSERTED COLOR OF LAW. 9. SCOPE OF PRACTICE NOT EXPANDED. THIS SECTION SHALL NOT BE CONSTRUED TO EXPAND THE LAWFUL SCOPE OF PRACTICE OF ANY HEALTH CARE PROFESSIONAL.

S 3.

Section 6509 of the education law is amended by adding a new subdivision 15 to read as follows:
S. 4495 5 (15) ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.

S 4.

Section 6530 of the education law is amended by adding a new subdivision 50 to read as follows:
50. ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.

S 5. Paragraphs (b) and (c) of subdivision 2 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, are amended and a new paragraph (d) is added to read as follows:
(b) provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any such violation of a law, rule or regulation by such employer; [or] (c) objects to, or refuses to participate in any such activity, policy or practice in violation of a law, rule or regulation[.]; OR (D) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.

S 6. Paragraphs (a) and (b) of subdivision 2 of section 741 of the labor law, as added by chapter 24 of the laws of 2002, are amended and a new paragraph (c) is added to read as follows:
(a) discloses or threatens to disclose to a supervisor, or to a public body an activity, policy or practice of the employer or agent that the employee, in good faith, reasonably believes constitutes improper quali ty of patient care; [or] (b) objects to, or refuses to participate in any activity, policy or practice of the employer or agent that the employee, in good faith, reasonably believes constitutes improper quality of patient care[.]; OR (C) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.

S 7. Severability. If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act or any other application of any provision of this act.

S 8. This act shall take effect on the first of January next succeed ing the date on which it shall have become a law.

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