S T A T E   O F   N E W   Y O R K
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                                  4170

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH -- read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to allowing  out-of-state
  licensed  health  care professionals to perform services in this state
  in certain limited circumstances and on a voluntary basis

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6526 of the education law is amended by adding a
new subdivision 10 to read as follows:
  10. ANY PERSON WHO IS LICENSED TO PRACTICE AS A PHYSICIAN, PHYSICIAN'S
ASSISTANT, MASSAGE THERAPIST, PHYSICAL THERAPIST, CHIROPRACTOR, DENTIST,
DENTAL HYGIENIST, OPTOMETRIST, NURSE, OR NURSE PRACTITIONER  IN  ANOTHER
JURISDICTION   AND   WHO   COMPLIES   WITH  SECTION  SIXTY-FIVE  HUNDRED
TWENTY-SIX-A OF THIS ARTICLE.
  S 2. The education law is amended by adding a new  section  6526-a  to
read as follow:
  S   6526-A.   VOLUNTEER   PROFESSIONALS.  1.  SPONSORING  ORGANIZATION
REQUIRED. PRIOR TO OFFERING ANY VOLUNTEER MEDICAL SERVICES,  ANY  PERSON
WHO  IS  LICENSED  TO  PRACTICE  AS  A PHYSICIAN, PHYSICIAN'S ASSISTANT,
MASSAGE THERAPIST, PHYSICAL  THERAPIST,  CHIROPRACTOR,  DENTIST,  DENTAL
HYGIENIST,  OPTOMETRIST,  NURSE, OR NURSE PRACTITIONER IN ANOTHER JURIS-
DICTION MUST FIRST ASSOCIATE WITH AND BE SPONSORED BY A REGISTERED SPON-
SORING ORGANIZATION AS SUCH ORGANIZATION IS DEFINED IN THIS SECTION.
  2. REGISTRATION REQUIREMENTS  AND  REVOCATION.  (A)  BEFORE  PROVIDING
VOLUNTEER  MEDICAL  SERVICES  IN  THIS  STATE, A SPONSORING ORGANIZATION
SHALL REGISTER WITH THE DEPARTMENT OF HEALTH BY SUBMITTING  A  REGISTRA-
TION  FEE  OF  FIFTY  DOLLARS  AND FILING A REGISTRATION FORM. THE FIFTY
DOLLAR REGISTRATION FEE SHALL NOT APPLY TO ANY  SPONSORING  ORGANIZATION
WHEN  PROVIDING  VOLUNTEER  HEALTH  CARE SERVICES IN CASES OF NATURAL OR
MAN-MADE DISASTERS. SUCH REGULATION FORM SHALL CONTAIN:
  (I) THE NAME OF THE SPONSORING ORGANIZATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02732-01-3
              

A. 4170                             2

  (II) THE NAME OF PRINCIPAL INDIVIDUAL OR INDIVIDUALS WHO ARE THE OFFI-
CERS OR ORGANIZATIONAL OFFICIALS RESPONSIBLE FOR THE  OPERATION  OF  THE
SPONSORING ORGANIZATION;
  (III) THE ADDRESS, INCLUDING STREET, CITY, ZIP CODE AND COUNTY, OF THE
SPONSORING  ORGANIZATION'S PRINCIPAL OFFICE ADDRESS AND THE SAME ADDRESS
INFORMATION FOR EACH PRINCIPAL OR OFFICIAL LISTED IN  SUBPARAGRAPH  (II)
OF THIS PARAGRAPH;
  (IV)  TELEPHONE  NUMBERS  FOR  THE  PRINCIPAL OFFICE OF THE SPONSORING
AGENCY AND EACH PRINCIPAL OR OFFICIAL LISTED  IN  SUBPARAGRAPH  (II)  OF
THIS PARAGRAPH; AND
  (V) SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT SHALL REQUIRE.
  (B) UPON ANY CHANGE IN THE INFORMATION REQUIRED UNDER PARAGRAPH (A) OF
THIS  SUBDIVISION,  THE SPONSORING ORGANIZATION SHALL NOTIFY THE DEPART-
MENT IN WRITING OF SUCH CHANGE WITHIN THIRTY DAYS OF ITS OCCURRENCE.
  (C) THE SPONSORING ORGANIZATION SHALL FILE A YEARLY VOLUNTARY SERVICES
REPORT WITH THE DEPARTMENT OF HEALTH THAT LISTS ALL LICENSED HEALTH CARE
PROVIDERS WHO PROVIDED VOLUNTARY HEALTH  CARE  SERVICES  IN  THIS  STATE
DURING THE PRECEDING YEAR. THE SPONSORING ORGANIZATION SHALL MAINTAIN ON
FILE  FOR  FIVE  YEARS FOLLOWING THE DATE OF SERVICE ADDITIONAL INFORMA-
TION, INCLUDING THE DATE, PLACE AND TYPE OF SERVICES PROVIDED.
  (D) EACH SPONSORING ORGANIZATION SHALL MAINTAIN A LIST OF HEALTH  CARE
PROVIDERS  ASSOCIATED  WITH  ITS PROVISION OF VOLUNTARY HEALTH SERVICES.
FOR EACH SUCH HEALTH CARE PROVIDER, THE ORGANIZATION  SHALL  MAINTAIN  A
COPY  OF  A  CURRENT LICENSE, CERTIFICATE OR STATEMENT OF EXEMPTION FROM
LICENSURE OR CERTIFICATION OR, IN THE EVENT THAT THE HEALTH CARE PROVID-
ER IS CURRENTLY LICENSED IN THIS  STATE,  A  COPY  OF  THE  HEALTH  CARE
PROVIDER'S  LICENSE  VERIFICATION  OBTAINED  FROM  A STATE-SPONSORED WEB
SITE.
  (E) THE SPONSORING ORGANIZATION SHALL  MAINTAIN  SUCH  RECORDS  FOR  A
PERIOD  OF  AT  LEAVE  FIVE YEARS FOLLOWING THE PROVISION OF HEALTH CARE
SERVICES AND SHALL FURNISH SUCH RECORDS UPON REQUEST TO  ANY  REGULATORY
BOARD ESTABLISHED UNDER THIS TITLE.
  (F)  COMPLIANCE  WITH PARAGRAPHS (A) AND (C) OF THIS SUBDIVISION SHALL
BE PRIMA FACIE EVIDENCE THAT THE SPONSORING ORGANIZATION  HAS  EXERCISED
DUE CARE IN ITS SELECTION OF HEALTH CARE PROVIDERS.
  (G)  THE  DEPARTMENT  MAY  REVOKE  THE  REGISTRATION OF ANY SPONSORING
ORGANIZATION THAT FAILS TO COMPLY WITH THE  REQUIREMENTS  OF  PARAGRAPHS
(A) THROUGH (E) OF THIS SUBDIVISION.
  3. IMMUNITY FOR VOLUNTARY PROVISION OF HEALTH CARE SERVICES.
  (A) NO PERSON WHO IS LICENSED, CERTIFIED OR AUTHORIZED BY THE BOARD OF
ANY OF THE PROFESSIONS OF THE HEALING ACTS, AS ENUMERATED IN THIS TITLE,
AND WHO ENGAGES IN THE VOLUNTARY PROVISION OF HEALTH CARE SERVICES WITH-
IN THE LIMITS OF THE PERSON'S LICENSE, CERTIFICATION OR AUTHORIZATION TO
ANY  PATIENT  OF  A  SPONSORING  ORGANIZATION WITHIN THE MEANING OF THIS
SECTION, SHALL BE LIABLE FOR ANY CIVIL DAMAGES FOR ANY ACT  OR  OMISSION
RESULTING  FROM  THE RENDERING OF SUCH SERVICES, UNLESS THE ACT OR OMIS-
SION WAS THE RESULT OF SUCH PERSON'S GROSS NEGLIGENCE OR WILLFUL MISCON-
DUCT.
  (B) THE VOLUNTEER LICENSEE  WHO  IS  PROVIDING  FREE  CARE  SHALL  NOT
RECEIVE  COMPENSATION  OF ANY TYPE, DIRECTLY OR INDIRECTLY, OR ANY BENE-
FITS OF ANY TYPE WHATSOEVER, OR ANY CONSIDERATION OF  ANY  NATURE,  FROM
ANYONE  FOR  SUCH  FREE  CARE,  NOR  SHALL  SUCH SERVICES BE PART OF THE
PROVIDER'S TRAINING OR ASSIGNMENT.
  (C) THE VOLUNTEER LICENSEE MUST BE ACTING WITHIN  THE  SCOPE  OF  SUCH
LICENSE, CERTIFICATION OR AUTHORITY.

A. 4170                             3

  (D) A HEALTH CARE LICENSEE PROVIDING FREE HEALTH CARE SHALL NOT ENGAGE
IN  ACTIVITIES  AT  A CLINIC OR AT THE HEALTH CARE LICENSEE'S OFFICE, IF
THE ACTIVITIES ARE PERFORMED ON BEHALF OF THE  SPONSORING  ORGANIZATION,
UNLESS THOSE ACTIVITIES ARE AUTHORIZED BY THE APPROPRIATE AUTHORITIES TO
BE  PERFORMED  AT  THE  CLINIC  OR OFFICE AND THE CLINIC OR OFFICE IS IN
COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS.
  (E) FOR PURPOSES OF THIS SECTION, ANY COMMISSIONED OR CONTRACT MEDICAL
OFFICER OR DENTIST SERVING ON ACTIVE DUTY IN  THE  UNITED  STATES  ARMED
FORCES  AND  ASSIGNED  TO DUTY AS A PRACTICING, COMMISSIONED OR CONTRACT
MEDICAL OFFICER OR DENTIST AT ANY MILITARY HOSPITAL OR MEDICAL  FACILITY
OWNED AND OPERATED BY THE UNITED STATES GOVERNMENT SHALL BE DEEMED TO BE
LICENSED PURSUANT TO THIS SECTION.
  S 3. This act shall take effect immediately.