A5891-2011 Actions

• Jun 5, 2012: reported referred to rules
• Feb 14, 2012: reported referred to codes
• Jan 18, 2012: print number 5891a
• Jan 18, 2012: amend and recommit to higher education
• Jan 4, 2012: referred to higher education
• Jun 13, 2011: reported referred to rules
• Jun 2, 2011: reported referred to codes
• Mar 2, 2011: referred to higher education

A5891-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5891
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 2, 2011
 
 Introduced  by  M.  of  A. GOTTFRIED, CAHILL, J. RIVERA, SCHIMEL, GLICK,
 CLARK, MILLMAN, ROBINSON, JEFFRIES, PAULIN, HOOPER,  KELLNER,  JAFFEE,
 REILLY,  BARRON, LIFTON, COOK, LANCMAN, PERRY, ENGLEBRIGHT, O'DONNELL,
 ARROYO, MARKEY, TITONE, P. RIVERA, J. MILLER, ROSENTHAL -- Multi-Spon
 sored by -- M. of A. BRENNAN, DINOWITZ, GALEF, GIBSON, HEASTIE, LUPAR
 DO, McENENY, MENG, NOLAN, PEOPLES-STOKES, PHEFFER, SCARBOROUGH,  SWEE
 NEY,  TOWNS,  WEISENBERG,  ZEBROWSKI  -- read once and referred to the
 Committee on Higher Education
 

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.  A
 health care professional who comes to the aid of a prisoner  should  not
 be  presumed to be in violation when she or he is fulfilling the ethical
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05380-02-1
 
       A. 5891                             2
 principle of beneficence. In contrast, a health care  professional  who,
 for example, attends to a prisoner in order to allow torture or improper
 treatment  to  commence  or  continue is not acting beneficently.   Such
 practices  are  inconsistent  with professional ethics and standards and
 are violations of this legislation.   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  wrongful  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.
 

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 LAW, INCLUDING INTERNATIONAL TREATIES TO WHICH  THE
 UNITED STATES IS A PARTY.  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 FOLLOW
 ING 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, INHUMAN OR DEGRADING, TREAT
 MENT OR PUNISHMENT AS DEFINED BY APPLICABLE INTERNATIONAL  TREATIES  AND
 
       A. 5891                             3
 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
 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.
 (F) "INTERROGATION" MEANS THE QUESTIONING RELATED TO LAW  ENFORCEMENT,
 THE  ENFORCEMENT  OF  RULES  OR  REGULATIONS  OF AN INSTITUTION IN WHICH
 PEOPLE ARE DETAINED THROUGH THE CRIMINAL JUSTICE SYSTEM OR FOR  MILITARY
 OR  NATIONAL SECURITY REASONS (SUCH AS A JAIL OR OTHER DETENTION FACILI
 TY, POLICE FACILITY, PRISON, IMMIGRATION FACILITY, OR MILITARY FACILITY)
 OR TO MILITARY AND NATIONAL SECURITY INTELLIGENCE GATHERING, WHETHER  BY
 A  GOVERNMENT  OR  NON-GOVERNMENT  ACTOR,  ENTITY OR OFFICIAL. "INTERRO
 GATION" SHALL ALSO INCLUDE QUESTIONING TO AID OR ACCOMPLISH ANY  ILLEGAL
 ACTIVITY  OR  PURPOSE,  WHETHER BY A GOVERNMENT OR NON-GOVERNMENT ACTOR,
 ENTITY OR OFFICIAL. INTERROGATIONS ARE DISTINCT FROM QUESTIONING USED BY
 HEALTH CARE PROFESSIONALS TO ASSESS THE PHYSICAL OR MENTAL CONDITION  OF
 AN INDIVIDUAL.
 2.  KNOWLEDGE. IT SHALL BE AN ELEMENT OF ANY VIOLATION OF THIS SECTION
 THAT THE ACTOR KNEW OR REASONABLY SHOULD HAVE  KNOWN  THAT  HIS  OR  HER
 CONDUCT  IS  OF  THE  KIND  PROHIBITED UNDER THIS SECTION. A HEALTH CARE
 PROFESSIONAL WHO RECEIVES INFORMATION THAT INDICATES THAT A PRISONER  AS
 DEFINED  BY  THIS  SECTION  IS  BEING, MAY IN THE FUTURE BE, OR HAS BEEN
 SUBJECTED TO TORTURE OR IMPROPER TREATMENT, MUST USE DUE  DILIGENCE,  IN
 ORDER  TO  ASSESS  THE  NATURE  OF HIS OR HER CONDUCT AS COVERED BY THIS
 SECTION.
 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 TO THE EXTENT THAT HE OR SHE IS
 REASONABLY ABLE TO DO SO UNDER THE CIRCUMSTANCES,  INCLUDING  PROTECTING
 THE CONFIDENTIALITY OF PATIENT INFORMATION.
 (B)  IN  ALL  CLINICAL ASSESSMENTS RELATING TO A PRISONER, WHETHER FOR
 THERAPEUTIC OR EVALUATIVE  PURPOSES,  HEALTH  CARE  PROFESSIONALS  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 UNLESS THE PURPOSE IS
 SOLELY TO EVALUATE, TREAT, PROTECT, OR IMPROVE THE  PHYSICAL  OR  MENTAL
 HEALTH  OR  CONDITION  OF THE PRISONER (EXCEPT AS PERMITTED BY PARAGRAPH
 (B) OR (C) 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
 
       A. 5891                             4
 COMMIT TORTURE OR IMPROPER TREATMENT OF A PRISONER. PROHIBITED FORMS  OF
 ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:

 (I)  PROVIDING MEANS, KNOWLEDGE OR SKILLS, INCLUDING CLINICAL FINDINGS
 OR TREATMENT, WITH THE INTENT TO FACILITATE THE PRACTICE OF  TORTURE  OR
 IMPROPER TREATMENT;
 (II)  PERMITTING  HIS OR HER KNOWLEDGE, SKILLS OR CLINICAL FINDINGS OR
 TREATMENT TO BE USED IN THE PROCESS  OF  OR  TO  FACILITATE  TORTURE  OR
 IMPROPER TREATMENT;
 (III) EXAMINING, EVALUATING, OR TREATING A PRISONER TO CERTIFY WHETHER
 TORTURE OR IMPROPER TREATMENT CAN BEGIN, BE CONTINUED, OR BE RESUMED;
 (IV) BEING PRESENT WHILE TORTURE OR IMPROPER TREATMENT IS BEING ADMIN
 ISTERED;
 (V)  OMITTING OR SUPPRESSING INDICATIONS OF TORTURE OR IMPROPER TREAT
 MENT 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,  INCARCERATION,  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
 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 (D) 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)  CONDUCTING  BONA  FIDE  HUMAN SUBJECT RESEARCH IN ACCORDANCE WITH
 GENERALLY ACCEPTED LEGAL, HEALTH AND PROFESSIONAL  STANDARDS  WHERE  THE
 RESEARCH  INCLUDES  SAFEGUARDS  FOR  HUMAN  SUBJECTS EQUIVALENT TO THOSE
 REQUIRED BY FEDERAL LAW, INCLUDING INFORMED  CONSENT  AND  INSTITUTIONAL
 REVIEW BOARD APPROVAL WHERE APPLICABLE;
 (D)  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
 
       A. 5891                             5
 (III)  THE  DEVELOPMENT  OF  EFFECTIVE  INTERROGATION  STRATEGIES  NOT
 INVOLVING THE PRACTICE OF TORTURE OR IMPROPER TREATMENT.
 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 OTHER 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; AND
 (C) IN ADDITION TO REPORTING UNDER PARAGRAPH (A) OR (B) OF THIS SUBDI
 VISION: (I) IN THE CASE OF AN ALLEGED VIOLATION BY A HEALTH CARE PROFES
 SIONAL  LICENSED  UNDER  ARTICLE  ONE  HUNDRED THIRTY-ONE OR ONE HUNDRED
 THIRTY-ONE-B OF THE EDUCATION LAW, A REPORT  SHALL  BE  FILED  WITH  THE
 OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT;  AND  (II) IN THE CASE OF AN
 ALLEGED VIOLATION BY ANY OTHER HEALTH CARE PROFESSIONAL LICENSED, REGIS
 TERED OR CERTIFIED UNDER TITLE EIGHT OF  THE  EDUCATION  LAW,  A  REPORT
 SHALL BE FILED WITH THE OFFICE OF PROFESSIONAL DISCIPLINE; PROVIDED THAT
 FOR  THE  PURPOSE  OF  THIS  PARAGRAPH,  WHERE A PERSON HOLDS A LICENSE,
 REGISTRATION OR CERTIFICATION UNDER THE LAWS  OF  A  JURISDICTION  OTHER
 THAN THE STATE OF NEW YORK THAT IS FOR A PROFESSION SUBSTANTIALLY COMPA
 RABLE TO ONE LISTED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
 THE  PERSON  SHALL  BE  DEEMED  TO BE A HEALTH CARE PROFESSIONAL AND THE
 PERSON'S LICENSE, REGISTRATION OR CERTIFICATION SHALL BE  DEEMED  TO  BE
 UNDER THE APPROPRIATE ARTICLE OF TITLE EIGHT OF THE EDUCATION LAW.
 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:

 (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.
 
       A. 5891                             6
 

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).
 

S 6. Subdivision 3 of section 740 of the labor law, as added by  chap
 ter 660 of the laws of 1984, is amended to read as follows:

 3.  Application.  The  protection against retaliatory personnel action
 provided by paragraph (a) of subdivision two of this section  pertaining
 to  disclosure to a public body shall not apply to an employee who makes
 such disclosure to a public body unless the  employee  has  brought  the
 activity,  policy or practice in violation of law, rule or regulation to
 the attention of a supervisor of the  employer  and  has  afforded  such
 employer  a  reasonable  opportunity to correct such activity, policy or
 practice. HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO ANY REPORT  OF  A
 VIOLATION  UNDER  SECTION  TWENTY-TWO  OF THE PUBLIC HEALTH LAW (PARTIC
 IPATION IN TORTURE OR IMPROPER TREATMENT OF  PRISONERS  BY  HEALTH  CARE
 PROFESSIONALS).
 

S  7.  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).
 

S  8. Subdivision 3 of section 741 of the labor law, as added by chap
 ter 24 of the laws of 2002, is amended to read as follows:

 3. Application. The protection against  retaliatory  personnel  action
 provided  by  subdivision two of this section shall not apply unless the
 employee has brought the improper quality of patient care to the  atten
 tion of a supervisor and has afforded the employer a reasonable opportu
 nity  to  correct  such  activity,  policy or practice. This subdivision
 shall not apply to an action or failure to act  described  in  paragraph
 (a)  of  subdivision  two  of this section where the improper quality of
 patient care described therein presents an  imminent  threat  to  public
 health or safety or to the health of a specific patient and the employee
 reasonably  believes  in good faith that reporting to a supervisor would
 not result in corrective action.   HOWEVER, THIS SUBDIVISION  SHALL  NOT
 APPLY  TO  ANY  REPORT  OF  A  VIOLATION UNDER SECTION TWENTY-TWO OF THE
 PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE  OR  IMPROPER  TREATMENT  OF
 PRISONERS BY HEALTH CARE PROFESSIONALS).
 

S  9. The introduction or enactment of this act shall not be construed
 to mean that: (a) conduct described by this act does not already violate
 state law or constitute professional misconduct; or  (b)  conduct  other
 
       A. 5891                             7
 than  that  described  by  this  act does not violate other state law or
 otherwise constitute professional misconduct.
 

S  10.  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 11.   This act shall take  effect  on  the  first  of  January  next
 succeeding the date on which it shall have become a law.

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