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

1 Co-sponsor

• Martin Malavé Dilan

BILL NUMBER:S2066

Title of bill

An act to amend the public health law, in relation to investigations of professional medical conduct

Purpose or general idea of bill

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 specific 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.

Existing Law: § 230. State board for professional medical conduct; proceedings. 1. A state board for professional medical conduct is hereby created in the department in matters of professional misconduct as defined in sections sixty-five hundred thirty and sixty-five hundred thirty-one of the education law. Its physician members shall be appointed by the commissioner at least eighty-five percent of whom shall be from among nominations submitted by the medical society of the state of New York. Furthermore, no requirement in existing law requires the director of the office of professional conduct to meet with the complainant.

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 non-medical 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.

Prior legislative history

2007-08: A9602 (Latimer) Referred to Health 2009-10 A.194 (Latimer) Referred to Health, S.8461 (Oppenheimer)Referred to Rules 2011-2012: A.102 (Latimer) Referred to Health S.3465 (Oppenheimer) Referred to Health

Fiscal implications

None.

Local fiscal implications

None

Effective date

60 days after the bill becomes law, with provisions.