Provides for security and internal risk management procedures to protect patients from sexual misconduct and other crime in hospitals and mental institutions

7 Co-sponsors

• Martin Malavé Dilan
• George Onorato
• John L. Sampson
• Diane J. Savino
• Malcolm A. Smith
• William T. Stachowski
• David J. Valesky

Title of bill

An act to amend the public health law and the mental hygiene law, in relation to security within certain hospitals and facilities; providing certain staffing requirements for internal risk management programs; requiring the investigation and reporting of an allegation of sexual misconduct, sexual abuse, or other criminal misconduct at certain health care facilities; prohibiting false allegations; providing a penalty; and authorizing release of employee records of a licensed facility to other employers

Purpose

This bill provides for security and internal risk management procedures to protect patients from sexual misconduct and other crimes in hospitals and mental institutions by requiring that every such facility establish an internal risk management program subject to the provisions of this bill.

Summary of provisions

This bill would amend the Public Health Law by adding a new article, 28-F, which includes Section 2899-aa - 2899-gg and also amend the Mental Hygiene Law by adding a new article 30. The bill provides that every hospital shall, as part of its administrative functions, establish an internal risk management program which calls for the education and training of all non-physician personnel as part of their initial orientation; a conditional prohibition against a staff member of the hospital attending a patient in the emergency room unless the staff member is in the company of at least one other person; the establishment of the position of internal risk manager and procedures for the investigation and report of misconduct. The bill further provides that a person who intentionally makes a false allegation of sexual misconduct against a member of a hospital's personnel is guilty of a misdemeanor and shall be punished by imprisonment for a period of up to three months and subject to an administrative fine not to exceed $5,000.00. Lastly, the bill provides for report and record keeping procedures and authorizes the release of employee records of a licensed facility to other employers.

Justification

It is clear from the many unfortunate incidents of sexual misconduct and other criminal acts that have recently occurred in hospitals within New York State that the time has come to impose upon hospitals the obligation to provide for security and internal risk management procedures to protect patients. Although most all hospitals internally provide for security measures to protect patients, it has become apparent that many of these efforts are insufficient and do not achieve their intended purpose. Many vulnerable and unsuspecting patients, believing to be secure in a hospital environment, have fallen prey due to lapses in security. This bill is important and necessary in that it statutorily imposes upon hospitals an affirmative obligation by establishing security and internal risk management procedures to protect patients from sexual misconduct and other crimes while in hospitals. LEGISLATIVE HISTORY : 1996 - A8571 - referred to health. 1998 - A4288 - referred to health. 2000 - A5314 - referred to health 2002 - A2240 - referred to health 2004 - A2698 - referred to health 2008 - S2242 - referred to health

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date of enactment.