Requires certain health care providers to disclose their disciplinary status to current and new patients

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic10

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Liz Krueger says this is needed

The New York State Department of Health (NYS DOH) has procedures in place to report, investigate, and discipline cases of professional misconduct committed by physicians, physicians practicing under a limit- ed permit, physician's assistants, specialist's assistants, and medical residents. Information is posted on the NYS DOH Office of Professional Medical Conduct website regarding disciplinary actions taken against health care providers who have engaged in professional misconduct. These procedures are designed to protect New Yorkers from licensee misconduct; however, several indicators point to the need for implemen- tation of additional measures. Physician misconduct and discipline have gained media and scholarly attention during recent years, which has illuminated variations in the practices and performance of state medical boards. In 2016, a study conducted by University of Michigan Medical School researchers revealed that New York was one of the states with the lowest rates of disciplinary actions. (1) A study of serious discipli- nary actions undertaken by state medical boards from 2017 - 2019 indi- cated that New York, with the third highest number of licensed physi- cians, had the sixth highest rate of serious disciplinary actions in the U.S., which was 30% lower than the highest ranking state. (2) There has been extensive media reporting on physicians nationwide who have committed sexual misconduct with patients and who continued to practice. One such article highlighted the issue in New York, document- ing the case of a NYS-licensed physician who, following multiple allega- tions of sexual misconduct with patients, violated his probationary terms by examining female patients without a chaperone, as was required, and committed additional acts of sexual misconduct against unsuspecting patients. (3) In 2020, the Federation of State Medical Boards issued a report and recommendations on physician sexual misconduct for state medical boards to help address this critical issue; however, medical boards are not required to implement the recommendations. (4) NYS DOH posts the disciplinary status of licensees online; however, new and current patients may not be aware that it is possible to look up the disciplinary status of their health care providers, or where to do so. Additionally, many New Yorkers do not have access to the internet, necessary technology, or know-how to look up this information. This legislation will require certain licensees who have committed professional malpractice to provide written notification of their disci- plinary status to new and current patients once an order has been issued by the Office of Professional Medical Conduct or a court of law, or once an order of summary suspension against the licensee has been signed by the Health Commissioner. The purpose of this bill is to strengthen patient protections by enabl- ing patients to receive written notification of a health care provider's disciplinary status before they receive medical treatment, services, procedures, or other direct health care. Furthermore, it enables patients to decide whether to keep or cancel the appointment without penalty. This measure will help to prevent the potential for repeat acts of professional misconduct against minor and adult patients.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.