Prohibits hospitals from denying staff membership or professional privileges to psychologists without cause

Title of bill

An act to amend the public health law, in relation to hospital access of psychologists

Purpose or general idea of bill

To give psychologists due process in the event of denial by hospitals of license-appropriate privileges or medical staff membership.

Summary of specific provisions

This legislation amends Section 2801-b of the Public Health Law to add psychologists to the list of health care practitioners who are entitled to receive stated reasons if a hospital rejects or refuses to act upon an application for staff membership or professional privileges. The law currently applies to: physicians, optometrists, dentists, and podiatrists.

It also would be an improper practice if the reasons for the denial are unrelated to standards of patient care, patient welfare, the objectives of the institution or the character or competency of the psychologist applying for privileges. Finally, this legislation adds psychologists to the list of practitioners who, upon filing a complaint, would be afforded the right to an investigation of such complaint by the Public Health Council.

Justification

Section 2801-b of the Public Health Law was established to prohibit hospitals from engaging in improper and discriminatory practices with respect to hospital staff appointments and the extension of professional privileges to certain health practitioners. These health practitioners include physicians, optometrists, dentists and podiatrists. This legislation would add psychologists to the list of health practitioners who are afforded these same due process protections.

New York State has long recognized the ability of psychologists to independently diagnose and treat mental illness. Chapter 676 of the laws of 2002 reinforces that recognition by providing psychologists with a statutory scope of practice. Despite the State's recognition of a psychologist's high level of competence in providing mental health services, many hospitals are still unwilling to grant psychologists professional privileges and staff membership. Existing State Health Department regulations (10 NYCRR Section 405) recognize that "other health care practitioners" may be granted staff membership or professional privileges. The regulations require written criteria for the granting of professional privileges.

Additionally, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) recognizes that the medical staff may include not only physicians, but other licensed individuals who are permitted by law and by the hospital to provide patient care services independently in the hospital.

Psychologists can treat a patient who is suicidal in the community, but when the patient is in need of acute care in a hospital, a psychologist can no longer care for a patient with whom he or she has had a long-standing relationship. This bill would appropriately include psychologists under Section 2801-b. It is important to note that nothing in this legislation mandates that a hospital provide a particular psychologist with a hospital staff appointment or professional privileges. Nor does it allow psychologists to practice outside their legal scope of practice. Rather, this legislation affords psychologists due process protections that other health practitioners currently enjoy. PRIOR LEGISLATIVE HISTORY : 2003: A.6813 - Passed Assembly; S.2849 HANNON - Referred to Health 2004: A.6813-A - Advanced to 3rd Reading; S.2849 HANNON - Referred to Health 2005-06: A.5496-A - Passed Assembly; S.3892-A HANNON - Referred to Health 2007-08: A.6340 - Passed Assembly; S.4644 HANNON - Referred to Health

Fiscal implications

None.

Effective date

180 days after it becomes law.