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

                                  5124

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. PAULIN, BENEDETTO -- Multi-Sponsored by -- M. of
  A. BOYLAND, HIKIND, HOOPER -- read once and referred to the  Committee
  on Health

AN  ACT to amend the public health law, in relation to the establishment
  of limited services clinics

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

  Section  1.  Section  2801-a  of  the  public health law is amended by
adding a new subdivision 17 to read as follows:
  17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE  HEALTH
CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A
PHARMACY,  A  STORE  OPEN  TO  THE GENERAL PUBLIC OR A SHOPPING MALL, OR
WITHIN SPACE USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE  SERVICES  TO
ITS  EMPLOYEES,  MAY BE OPERATED BY LEGAL ENTITIES FORMED UNDER THE LAWS
OF NEW YORK WHOSE  STOCKHOLDERS  OR  MEMBERS,  AS  APPLICABLE,  ARE  NOT
NATURAL  PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLI-
CABLE, AND CONTROLLING PERSONS COMPLY WITH ALL  APPLICABLE  REQUIREMENTS
OF  THIS  SECTION  AND  DEMONSTRATE,  TO  THE SATISFACTION OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND  EXPERTISE
IN  DELIVERING  HIGH  QUALITY  HEALTH CARE SERVICES. SUCH DIAGNOSTIC AND
TREATMENT CENTERS SHALL BE REFERRED  TO  IN  THIS  SECTION  AS  "LIMITED
SERVICES  CLINICS".  FOR PURPOSES OF THIS SUBDIVISION, THE PUBLIC HEALTH
AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGULATIONS,
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION,  TO  ADDRESS
ANY  MATTER  IT DEEMS PERTINENT TO THE ESTABLISHMENT OF LIMITED SERVICES
CLINICS; PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT
BE LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I)  ANY  DIRECT  OR
INDIRECT CHANGES OR TRANSFERS OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN
SUCH  ENTITIES  OR  THEIR  STOCKHOLDERS  OR  MEMBERS, AS APPLICABLE, AND
PROVIDE FOR PUBLIC HEALTH AND HEALTH PLANNING COUNCIL  APPROVAL  OF  ANY
CHANGE  IN  CONTROLLING  INTERESTS,  PRINCIPAL STOCKHOLDERS, CONTROLLING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05351-03-3
              

A. 5124                             2

PERSONS, PARENT COMPANY OR SPONSORS; (II) OVERSIGHT OF THE OPERATOR  AND
ITS  SHAREHOLDERS  OR MEMBERS, AS APPLICABLE, INCLUDING LOCAL GOVERNANCE
OF THE LIMITED SERVICES CLINICS; AND (III) RELATING TO THE CHARACTER AND
COMPETENCE AND QUALIFICATIONS OF, AND CHANGES RELATING TO, THE DIRECTORS
AND OFFICERS OF THE OPERATOR AND ITS PRINCIPAL STOCKHOLDERS, CONTROLLING
PERSONS, PARENT COMPANY OR SPONSORS.
  (B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH
(B)  OF  SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND
MEMBERS; (II) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION,  RELAT-
ING  TO  THE  DISPOSITION OF STOCK OR VOTING RIGHTS; AND (III) PARAGRAPH
(E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO  THE  OWNERSHIP  OF
STOCK OR MEMBERSHIP.
  (C)  A  LIMITED  SERVICES  CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
TER.  A  PRESCRIBER PRACTICING IN A LIMITED SERVICES CLINIC SHALL NOT BE
DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF  THE
EDUCATION LAW.
  (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA-
TIONAL  AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
OR TREATMENT CENTERS, INCLUDING, BUT  NOT  LIMITED  TO:  DESIGNATING  OR
LIMITING  THE  DIAGNOSES  AND SERVICES THAT MAY BE PROVIDED; PROHIBITING
THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUN-
GER; AND REQUIREMENTS OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLO-
SURE OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING,  REFERRAL
FOR  TREATMENT  AND  CONTINUITY OF CARE, CASE REPORTING TO THE PATIENT'S
PRIMARY CARE OR  OTHER  HEALTH  CARE  PROVIDERS,  DESIGN,  CONSTRUCTION,
FIXTURES,  AND  EQUIPMENT. IN MAKING REGULATIONS UNDER THIS SECTION, THE
COMMISSIONER MAY (I) CONSULT WITH A WORKGROUP INCLUDING BUT NOT  LIMITED
TO  REPRESENTATIVES OF PROFESSIONAL SOCIETIES OF APPROPRIATE HEALTH CARE
PROFESSIONALS, INCLUDING THOSE IN PRIMARY CARE AND  OTHER  SPECIALITIES;
AND  (II)  PROMOTE  AND  STRENGTHEN  PRIMARY  CARE;  THE  INTEGRATION OF
SERVICES PROVIDED BY LIMITED SERVICES CLINICS WITH THE SERVICES PROVIDED
BY THE PATIENT'S OTHER  HEALTH  CARE  PROVIDERS;  AND  THE  REFERRAL  OF
PATIENTS  TO  APPROPRIATE  HEALTH  CARE PROVIDERS, INCLUDING APPROPRIATE
TRANSMISSION OF PATIENT HEALTH RECORDS.
  S 2. This act shall take effect immediately.

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

                                 5124--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. PAULIN, BENEDETTO -- Multi-Sponsored by -- M. of
  A. HIKIND, HOOPER -- 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 committee

AN ACT to amend the public health law, in relation to retail clinics and
  limited services clinics

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

  Section  1.  The  public health law is amended by adding a new section
230-e to read as follows:
  S 230-E. RETAIL CLINICS. 1. AS USED IN THIS SECTION,  "RETAIL  CLINIC"
MEANS  A  FACILITY  OR PORTION OF A FACILITY, REGARDLESS OF OWNERSHIP OR
FORM OF ORGANIZATION, THAT PROVIDES HEALTH CARE  SERVICES  OR  TREATMENT
(OTHER  THAN  PHARMACY) PROVIDED BY A HEALTH CARE PRACTITIONER LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE,  THAT:
(A)  IS WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A PHAR-
MACY, A STORE OPEN TO THE GENERAL PUBLIC OR  A  SHOPPING  MALL;  (B)  IS
LABELED,  BRANDED,  ADVERTISED  OR MARKETED WITH THE NAME OR SYMBOL OF A
RETAIL BUSINESS ENTITY;  OR  (C)  IS  LABELED,  BRANDED,  ADVERTISED  OR
MARKETED  WITH  THE  NAME  OR  SYMBOL OF A BUSINESS ENTITY, OTHER THAN A
BUSINESS ENTITY THAT PROVIDES HEALTH CARE SERVICES OR TREATMENT PROVIDED
AT THE FACILITY. HOWEVER, A FACILITY OR PORTION OF A FACILITY SHALL  NOT
BE  DEEMED  TO  BE  A  RETAIL  CLINIC  IF IT ORDINARILY IS USED ONLY FOR
PROVIDING HEALTH CARE SERVICES TO EMPLOYEES OF THE RETAIL BUSINESS OPER-
ATION.
  2. THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED BY A RETAIL CLINIC
SHALL BE LIMITED TO THE  PROVISION  OF  TREATMENT  AND  SERVICES  ON  AN
UNSCHEDULED  BASIS  TO PATIENTS FOR ACUTE EPISODIC ILLNESS OR CONDITION;
EPISODIC  PREVENTIVE  TREATMENT  AND  SERVICES  SUCH  AS  IMMUNIZATIONS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05351-06-4
              

A. 5124--A                          2

OPHTHALMIC DISPENSING AND OPHTHALMOLOGIC OR OPTOMETRIC SERVICES PROVIDED
IN  CONNECTION WITH OPHTHALMIC DISPENSING; OR TREATMENT AND SERVICES FOR
MINOR TRAUMAS THAT ARE NOT REASONABLY LIKELY TO BE  LIFE-THREATENING  OR
POTENTIALLY  DISABLING  IF  AMBULATORY  CARE  WITHIN THE CAPACITY OF THE
RETAIL CLINIC IS PROVIDED; BUT SHALL NOT INCLUDE MONITORING OR TREATMENT
AND SERVICES OVER PROLONGED PERIODS.
  3. A RETAIL CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER"  FOR
THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAPTER. A PRESCRIBER
PRACTICING IN A RETAIL CLINIC SHALL NOT BE DEEMED TO BE IN THE EMPLOY OF
A  PHARMACY  OR PRACTICING IN A HOSPITAL FOR PURPOSES OF SUBDIVISION TWO
OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS SETTING  FORTH  OPERATIONAL
AND  PHYSICAL  PLANT  STANDARDS  FOR  RETAIL CLINICS, INCLUDING, BUT NOT
LIMITED TO: REQUIRING ACCREDITATION; DESIGNATING OR LIMITING THE  TREAT-
MENTS  AND  SERVICES  THAT MAY BE PROVIDED; PROHIBITING THE PROVISION OF
SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUNGER; THE PROVISION
OF SPECIFIC IMMUNIZATIONS TO PATIENTS YOUNGER  THAN  EIGHTEEN  YEARS  OF
AGE; AND REQUIREMENTS OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLO-
SURE  OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING, REFERRAL
FOR TREATMENT AND CONTINUITY OF CARE, CASE REPORTING  TO  THE  PATIENT'S
PRIMARY  CARE  OR  OTHER  HEALTH  CARE  PROVIDERS, DESIGN, CONSTRUCTION,
FIXTURES,  AND  EQUIPMENT.  SUCH  REGULATIONS  ALSO  SHALL  PROMOTE  AND
STRENGTHEN  PRIMARY  CARE  THROUGH:  (A)  THE  INTEGRATION  OF  SERVICES
PROVIDED BY LIMITED SERVICES CLINICS WITH THE SERVICES PROVIDED  BY  THE
PATIENT'S  OTHER HEALTH CARE PROVIDERS; AND (B) THE REFERRAL OF PATIENTS
TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION
OF PATIENT HEALTH RECORDS.
  5. THIS SECTION DOES NOT AUTHORIZE ANY FORM OF OWNERSHIP OR  ORGANIZA-
TION  OF  A  RETAIL  CLINIC OR PRACTICE OF ANY PROFESSION THAT WOULD NOT
OTHERWISE BE LEGAL, AND DOES NOT EXPAND THE SCOPE  OF  PRACTICE  OF  ANY
HEALTH  CARE PRACTITIONER. WHERE ANY REGULATION UNDER THIS SECTION WOULD
AFFECT THE SCOPE OF PRACTICE OF A  HEALTH  CARE  PRACTITIONER  LICENSED,
REGISTERED,  CERTIFIED  OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION
LAW, THE REGULATION SHALL BE MADE WITH THE CONCURRENCE  OF  THE  COMMIS-
SIONER OF EDUCATION.
  S  2.  Section  2801-a of the public health law is amended by adding a
new subdivision 17 to read as follows:
  17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE  HEALTH
CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A
PHARMACY,  A  STORE  OPEN  TO  THE GENERAL PUBLIC OR A SHOPPING MALL, OR
WITHIN SPACE USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE  SERVICES  TO
ITS  EMPLOYEES,  MAY BE OPERATED BY LEGAL ENTITIES FORMED UNDER THE LAWS
OF NEW YORK WHOSE  STOCKHOLDERS  OR  MEMBERS,  AS  APPLICABLE,  ARE  NOT
NATURAL  PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLI-
CABLE, AND CONTROLLING PERSONS COMPLY WITH ALL  APPLICABLE  REQUIREMENTS
OF  THIS  SECTION  AND  DEMONSTRATE,  TO  THE SATISFACTION OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND  EXPERTISE
IN  DELIVERING HIGH QUALITY HEALTH CARE SERVICES. IN ADDITION, A GENERAL
HOSPITAL, A DIAGNOSTIC AND TREATMENT CENTER, AND ANY ENTITY  THAT  COULD
OTHERWISE  OWN  A  DIAGNOSTIC  AND  TREATMENT  CENTER, MAY OWN A LIMITED
SERVICES CLINIC. SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED
TO IN THIS SECTION AS "LIMITED SERVICES CLINICS". FOR PURPOSES  OF  THIS
SUBDIVISION,  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL ADOPT
AND  AMEND  RULES  AND  REGULATIONS,  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION  OF  THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO
THE ESTABLISHMENT OF LIMITED SERVICES CLINICS; PROVIDED THAT SUCH  RULES

A. 5124--A                          3

AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERN-
ING  OR  RELATING TO: (I) ANY DIRECT OR INDIRECT CHANGES OR TRANSFERS OF
OWNERSHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES  OR  THEIR  STOCK-
HOLDERS  OR  MEMBERS,  AS  APPLICABLE, AND PROVIDE FOR PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTERESTS,
PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS;
(II) OVERSIGHT OF THE OPERATOR  AND  ITS  SHAREHOLDERS  OR  MEMBERS,  AS
APPLICABLE,  INCLUDING LOCAL GOVERNANCE OF THE LIMITED SERVICES CLINICS;
AND (III) RELATING TO THE CHARACTER AND  COMPETENCE  AND  QUALIFICATIONS
OF,  AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS OF THE OPERATOR
AND ITS PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT  COMPANY  OR
SPONSORS.
  (B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH
(A) OF SUBDIVISION THREE OF THIS SECTION; (II) PARAGRAPH (B) OF SUBDIVI-
SION  THREE  OF THIS SECTION, RELATING TO STOCKHOLDERS AND MEMBERS OTHER
THAN PRINCIPAL STOCKHOLDERS AND PRINCIPAL MEMBERS; (III)  PARAGRAPH  (C)
OF  SUBDIVISION  FOUR  OF  THIS  SECTION, RELATING TO THE DISPOSITION OF
STOCK OR VOTING RIGHTS; AND (IV) PARAGRAPH (E) OF  SUBDIVISION  FOUR  OF
THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK OR MEMBERSHIP.
  (C)  A  LIMITED  SERVICES  CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
TER.  A  PRESCRIBER PRACTICING IN A LIMITED SERVICES CLINIC SHALL NOT BE
DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF  THE
EDUCATION LAW.
  (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA-
TIONAL  AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO: REQUIRING  ACCREDI-
TATION;  DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE
PROVIDED; PROHIBITING THE PROVISION OF SERVICES TO PATIENTS  TWENTY-FOUR
MONTHS  OF  AGE  OR  YOUNGER; THE PROVISION OF SPECIFIC IMMUNIZATIONS TO
PATIENTS YOUNGER THAN EIGHTEEN YEARS OF AGE; AND REQUIREMENTS OR  GUIDE-
LINES  FOR  ADVERTISING  AND SIGNAGE, DISCLOSURE OF OWNERSHIP INTERESTS,
INFORMED CONSENT, RECORD KEEPING, REFERRAL FOR TREATMENT AND  CONTINUITY
OF  CARE,  CASE  REPORTING TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH
CARE PROVIDERS, DESIGN,  CONSTRUCTION,  FIXTURES,  AND  EQUIPMENT.  SUCH
REGULATIONS  ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH: (I)
THE INTEGRATION OF SERVICES PROVIDED BY LIMITED  SERVICES  CLINICS  WITH
THE  SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND
(II) THE REFERRAL OF PATIENTS  TO  APPROPRIATE  HEALTH  CARE  PROVIDERS,
INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
  (E)  WHERE  A LIMITED SERVICES CLINIC IS A RETAIL CLINIC UNDER SECTION
TWO HUNDRED THIRTY-E OF THIS  CHAPTER,  IT  SHALL  BE  SUBJECT  TO  THAT
SECTION IN ADDITION TO THIS SUBDIVISION.
  S  3. This act shall take effect one year after it shall have become a
law; provided that effective immediately,  the  commissioner  of  health
shall  make  regulations  and take other actions reasonably necessary to
implement the provisions of the public health law enacted  by  this  act
when they take effect.