NY State Senate Bill 2015-S2605A

Senate Bill S2605A

2015-2016 Legislative Session

Provides that the director of the office of professional medical conduct shall meet with complainants to review materials to be considered in charges of misconduct

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2016	print number 2605a
Jan 19, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Jan 26, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-S2605 - Details

See Assembly Version of this Bill:: A9595
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §230, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8461, A194
2011-2012: S3465, A102
2013-2014: S2066, A6629
2017-2018: A2057

2015-S2605 - Summary

Provides that the director of the office of professional medical conduct shall meet with complainants, when requested by the complainant, to review materials to be considered by the board for professional medical conduct when considering complaints of misconduct.

2015-S2605 - Sponsor Memo

                                BILL NUMBER:S2605

TITLE OF BILL:

An act to amend the public health law, in relation to investigations
of professional medical conduct

PURPOSE OR GENERAL IDEA OF BILL:

To allow citizens greater input and participation in the process by
which complaints to the board for professional medical conduct are
handled and evaluated.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subparagraph (i) of paragraph (a) of subdivision 10
of section 230 of the public health law, as amended by chapter 542 of
the laws of 2000. This adds the provision that the director of the
office of professional medical conduct shall meet with a complainant
when so requested by the complainant, to review materials that are
offered to support a case for review by the board for professional
medical conduct. Section two amends paragraph (e) of subdivision 10 of
section 230 of the public health law, as amended by chapter 606 of the
laws of 1991. This provision requires that 25% of the members of the
committee on professional conduct be comprised of non-medical
personnel, to insure a more diverse committee to review such

complaints.

Existing Law:

§ 230. State board for professional medical conduct; proceedings. 1. A
state board for professional medical conduct is hereby created in the
department in matters of professional misconduct as defined in
sections sixty-five hundred thirty and sixty-five hundred thirty-one
of the education law. Its physician members shall be appointed by the
commissioner at least eighty-five percent of whom shall be from among
nominations submitted by the medical society of the state of New York.
Furthermore, no requirement in existing law requires the director of
the office of professional conduct to meet with the complainant.

JUSTIFICATION:

The board of professional medical conduct is the administrative entity
responsible for reviewing and acting on complaints of medical
misconduct. Generally, individuals who are affected by what they
consider to be medical misconduct, reaching a level identifiable as
medical malpractice, seek redress through the courts in a tort action.
In some cases, however, the degree of suffering or financial loss is
not sufficient to achieve a successful legal result in the courts; in
these cases, an individual is left with submission of a complaint with
the state's office of professional medical conduct as their only
alternative course of action. This legislation is provided to assure
that such complaints are handled thoroughly with an opportunity for
the complainant to be fully heard, and to require that those hearing
the complaint include nonmedical personnel, to insure a diversity of
experience among those hearing the complaint.


These provisions would allow an individual to meet in person with the
director of the office of professional misconduct to present evidence
supporting that person's claim of medical misconduct. Present
provisions allow for all such review to be completed without any
direct meeting with the complainant; information that cannot be easily
placed in writing can be provided by the complainant to help the
director make the best possible decision on whether a full hearing is
warranted on the complaint. Further, providing that at least 25%
membership of the committee on professional conduct be non-medical
personnel allows for a balance in experience and perspective for the
deliberations of the committee in assessing these complaints.

PRIOR LEGISLATIVE HISTORY:

2007-08: A9602 (Latimer) Referred to Health
2009-10 A.194 (Latimer) Referred to Health,
S.8461 (Oppenheimer) Referred to Rules
2011 - 2012: A.102 (Latimer) Referred to Health
S.3465 (Oppenheimer) Referred to Health
2013 - 2014 S.2066 (LATIMER) REFERRED TO HEALTH,
A6629 (Otis) Referred to Health

FISCAL IMPLICATIONS:

None.

Local FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

60 days after the bill becomes law.

2015-S2605 - Bill Text download pdf

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

                                  2605

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to investigations  of
  professional medical conduct

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

  Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  10  of
section  230  of the public health law, as amended by chapter 542 of the
laws of 2000, is amended to read as follows:
  (i) The board for professional medical conduct, by the director of the
office of professional medical conduct, may investigate on its  own  any
suspected  professional misconduct, and shall investigate each complaint
received regardless of the source.    THE  DIRECTOR  OF  THE  OFFICE  OF
PROFESSIONAL  MEDICAL  CONDUCT,  WHEN  REQUESTED BY A COMPLAINANT, SHALL
MEET WITH THE COMPLAINANT TO REVIEW MATERIALS TO BE  CONSIDERED  BY  THE
BOARD  IN  ITS  REVIEW OF SUSPECTED PROFESSIONAL MEDICAL MISCONDUCT. The
director of the office of professional medical  conduct  shall  cause  a
preliminary  review  of  every report made to the department pursuant to
section twenty-eight hundred three-e as added by chapter  eight  hundred
sixty-six  of the laws of nineteen hundred eighty, sections twenty-eight
hundred five-l and  forty-four  hundred  five-b  of  this  chapter,  and
section three hundred fifteen of the insurance law, to determine if such
report  reasonably  appears  to  reflect  physician  conduct  warranting
further investigation pursuant to this subparagraph.
  S 2. Paragraph (e) of subdivision 10 of  section  230  of  the  public
health law, as amended by chapter 606 of the laws of 1991, is amended to
read as follows:
  (e)  Committee  hearing. The hearing shall be conducted by a committee
on professional conduct.  AT LEAST TWENTY-FIVE PERCENT OF SUCH COMMITTEE
SHALL BE NON-MEDICAL PERSONNEL. The members  of  the  hearing  committee
shall  be  appointed by the chairperson of the board who shall designate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03678-01-5

S. 2605                             2

the committee chairperson. In addition to said  committee  members,  the
commissioner  shall  designate  an  administrative  officer, admitted to
practice as an attorney in the state of New York,  who  shall  have  the
authority to rule on all motions, including motions to compel disclosure
of  information or material claimed to be protected because of privilege
or confidentiality, procedures and  other  legal  objections  and  shall
draft the conclusions of the hearing committee pursuant to paragraph (g)
OF THIS SUBDIVISION.  The administrative officer shall have the authori-
ty  to  rule  on  objections  to  questions posed by either party or the
committee members.  The administrative officer shall not be entitled  to
vote.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law. Provided, that effective immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed  to  be  made and completed by the commissioner of health on or
before such effective date; and provided, further, that  the  amendments
to subparagraph (i) of paragraph (a) of subdivision 10 of section 230 of
the  public  health law made by section one of this act shall not affect
the expiration of such paragraph and shall be deemed  to  expire  there-
with.

2015-S2605A (ACTIVE) - Details

See Assembly Version of this Bill:: A9595
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §230, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8461, A194
2011-2012: S3465, A102
2013-2014: S2066, A6629
2017-2018: A2057

2015-S2605A (ACTIVE) - Summary

2015-S2605A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2605A

 TITLE OF BILL :

An act to amend the public health law, in relation to investigations
of professional medical conduct

 PURPOSE OR GENERAL IDEA OF BILL :

To allow citizens greater input and participation in the process by
which complaints to the board for professional medical conduct are
handled and evaluated.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one amends subparagraph (i) of paragraph (a) of subdivision 10
of section 230 of the public health law, as amended by chapter 542 of
the laws of 2000. This adds the provision that the director of the
office of professional medical conduct shall meet with a complainant
when so requested by the complainant, to review materials that are
offered to support a case for review by the board for professional
medical conduct. Section two amends paragraph (e) of subdivision 10 of
section 230 of the public health law, as amended by chapter 606 of the
laws of 1991. This provision requires that 25% of the members of the
committee on professional conduct be comprised of non-medical
personnel, to insure a more diverse committee to review such

complaints.

 EXISTING LAW :

§ 230. State board for professional medical conduct; proceedings. 1. A
state board for professional medical conduct is hereby created in the
department in matters of professional misconduct as defined in
sections sixty-five hundred thirty and sixty-five hundred thirty-one
of the education law. Its physician members shall be appointed by the
commissioner at least eighty-five percent of whom shall be from among
nominations submitted by the medical society of the state of New York.
Furthermore, no requirement in existing law requires the director of
the office of professional conduct to meet with the complainant.

 JUSTIFICATION :

The board of professional medical conduct is the administrative entity
responsible for reviewing and acting on complaints of medical
misconduct. Generally, individuals who are affected by what they
consider to be medical misconduct, reaching a level identifiable as
medical malpractice, seek redress through the courts in a tort action.
In some cases, however, the degree of suffering or financial loss is
not sufficient to achieve a successful legal result in the courts; in
these cases, an individual is left with submission of a complaint with
the state's office of professional medical conduct as their only
alternative course of action. This legislation is provided to assure
that such complaints are handled thoroughly with an opportunity for
the complainant to be fully heard, and to require that those hearing
the complaint include nonmedical personnel, to insure a diversity of
experience among those hearing the complaint.

These provisions would allow an individual to meet in person with the
director of the office of professional misconduct to present evidence
supporting that person's claim of medical misconduct. Present
provisions allow for all such review to be completed without any
direct meeting with the complainant; information that cannot be easily
placed in writing can be provided by the complainant to help the
director make the best possible decision on whether a full hearing is
warranted on the complaint. Further, providing that at least 25%
membership of the committee on professional conduct be non-medical
personnel allows for a balance in experience and perspective for the
deliberations of the committee in assessing these complaints.

 PRIOR LEGISLATIVE HISTORY :

2007-08: A9602 (Latimer) Referred to Health
2009-10 A.194 (Latimer) Referred to Health, S.8461 (Oppenheimer)
Referred to Rules
2011-2012: A.102 (Latimer) Referred to Health S.3465 (Oppenheimer)
Referred to Health
2013-2014 S.2066 (LATIMER) REFERRED TO HEALTH, A6629 (Otis) Referred
to Health
2015-2016 S.2605 (LATIMER) REFERRED TO HEALTH

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
60 days after the bill becomes law.

2015-S2605A (ACTIVE) - Bill Text download pdf

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

                                 2605--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the public health law, in relation to investigations of
  professional medical conduct

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

  Section  1.  Subparagraph  (i)  of  paragraph (a) of subdivision 10 of
section 230 of the public health law, as amended by chapter  11  of  the
laws of 2015, is amended to read as follows:
  (i) (A) The board for professional medical conduct, by the director of
the  office  of professional medical conduct, may investigate on its own
any  suspected  professional  misconduct,  and  shall  investigate  each
complaint received regardless of the source.  THE DIRECTOR OF THE OFFICE
OF  PROFESSIONAL MEDICAL CONDUCT, WHEN REQUESTED BY A COMPLAINANT, SHALL
MEET WITH THE COMPLAINANT TO REVIEW MATERIALS TO BE  CONSIDERED  BY  THE
BOARD IN ITS REVIEW OF SUSPECTED PROFESSIONAL MEDICAL MISCONDUCT. By the
conclusion  of  a  preliminary  review,  including  an internal clinical
review, the director shall determine if a report is  based  solely  upon
the  recommendation  or  provision of a treatment modality by a licensee
that is not universally accepted by the  medical  profession,  including
but  not  limited  to  varying  modalities used in the treatment of Lyme
disease or other tick-borne diseases. Upon a determination by the direc-
tor that a report is based solely upon  the  provision  of  a  treatment
modality  that  is  not universally accepted, no further review shall be
conducted and no charges shall be brought. Nothing in this section shall
preclude the director from making such a determination  earlier  in,  or
subsequent  to,  a preliminary review. (B) The director of the office of
professional medical conduct shall cause a preliminary review  of  every

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03678-02-6

S. 2605--A                          2

report  made  to the department pursuant to section twenty-eight hundred
three-e as added by chapter eight hundred sixty-six of the laws of nine-
teen hundred eighty, sections twenty-eight hundred five-l and forty-four
hundred five-b of this chapter, and section three hundred fifteen of the
insurance law, to determine if such report reasonably appears to reflect
physician  conduct  warranting  further  investigation  pursuant to this
subparagraph.
  S 2. Paragraph (e) of subdivision 10 of  section  230  of  the  public
health law, as amended by chapter 606 of the laws of 1991, is amended to
read as follows:
  (e)  Committee  hearing. The hearing shall be conducted by a committee
on professional conduct.  AT LEAST TWENTY-FIVE PERCENT OF SUCH COMMITTEE
SHALL BE NON-MEDICAL PERSONNEL. The members  of  the  hearing  committee
shall  be  appointed by the chairperson of the board who shall designate
the committee chairperson. In addition to said  committee  members,  the
commissioner  shall  designate  an  administrative  officer, admitted to
practice as an attorney in the state of New York,  who  shall  have  the
authority to rule on all motions, including motions to compel disclosure
of  information or material claimed to be protected because of privilege
or confidentiality, procedures and  other  legal  objections  and  shall
draft the conclusions of the hearing committee pursuant to paragraph (g)
OF THIS SUBDIVISION.  The administrative officer shall have the authori-
ty  to  rule  on  objections  to  questions posed by either party or the
committee members.  The administrative officer shall not be entitled  to
vote.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law. Provided, that effective immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed  to  be  made and completed by the commissioner of health on or
before such effective date; and provided, further, that  the  amendments
to subparagraph (i) of paragraph (a) of subdivision 10 of section 230 of
the  public  health law made by section one of this act shall not affect
the expiration of such paragraph and shall be deemed  to  expire  there-
with.

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