Relates to the defense and indemnification of optometrists rendering certain services

Title of bill

An act to amend the mental hygiene law, in relation to defense and indemnification of optometrists rendering certain services

Purpose

To include optometrists to the list of professionals provided defense and indemnification when rending professional services at the request of the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities or the Office of Alcoholism and Substance Abuse Services.

Summary of provisions

Section 1 of the bill would amend Mental Hygiene Law §7.35 to provide defense and indemnification by the State to optometrists who are rendering professional services at the request of the Office of Mental Health.

Section 2 of the bill would amend Mental Hygiene Law §13.35 to provide defense and indemnification by the State to optometrists who are rendering professional services at the request of the Office of Mental Retardation and Developmental Disabilities.

Section 3 would amend Mental Hygiene Law §19.35 to provide defense and indemnification by the State to optometrists who are rendering professional services at the request of the Office of Alcoholism and Substance Abuse Services.

Section 4 of the bill provides for an immediate effective date.

Existing law

Mental Hygiene Law §7.35 provides that the State shall provide for the defense and indemnification of any physician, dentist, psychologist, nurse, licensed master social worker or licensed clinical social worker who is rendering professional treatment to patients at the request of the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities or the Office of Alcoholism and Substance Abuse Services. Such defense and indemnification shall be in relation to any civil action or proceeding in state or federal court arising out of any alleged act or omission which is alleged to have occurred during the scope of professional treatment by these health care professionals.

Public Officers Law §17 provides for the defense and indemnification by the State of State employees and officers.

Public Officers Law §18 provides for the defense and indemnification by the State of employees and officers of municipalities, school districts, special districts, public authorities and public benefit corporations.

Justification

This bill would include optometrists among the professionals who, when rendering services within a facility administered by the Office of Mental Health ("OMH"), Office of Mental Retardation and Developmental Disabilities ("OMRDD"), or the Office of Alcoholism and Substance Abuse Services ("OASAS"), are defended and indemnified by the State against claims relating to optometrists' provision of such services. The existing statutory defense and indemnification provisions apply to licensed physicians, dentists, psychologists, nurses, licensed master social workers, and licensed clinical social workers who are rendering professional treatment at the request of these state agencies at their facilities. Like those healthcare professionals, optometrists currently provide eye care services to patients at state facilities, including psychiatric hospitals administered by OMH. However, unlike these other professionals, optometrists are not provided the same statutory legal protection relating to defense and indemnification by the State against allegations of civil wrongdoing. This bill would address this omission and provide optometrists who perform healthcare-related services at the request of OMH, OMRDD or OASAS with the necessary legal protections that will enable them to continue to conduct vital eye care services for patients at state facilities.

Legislative history

New Bill.

Fiscal implications

Little if any cost.

Effective date

Immediately.