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History
- Referred to health
- Referred to health
Companion bill
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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
In Assembly Committee · Health · Sponsor George Latimer
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3465
Title of bill
An act to amend the public health law, in relation to investigations of professional medical conduct
Purpose
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 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.
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.
Legislative history
2007-08: A.9602 (Latimer) Referred to Health 2009-10: A.194 (Latimer) Referred to Health, S.8461 (Oppenheimer) Referred to Rules
Fiscal implications
None.
Effective date
60 days after the bill becomes law, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.