Grants immunity from liability to organizations which establish physician committees the purpose of which is to refer to treatment physicians who are thought to be suffering from addiction or mental illnes

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S3461A

Title of bill

An act to amend the public health law, in relation to granting immunity from liability to organizations which establish physician committees

Purpose

To make technical amendments to a statutorily-recognized program that ensures physicians who have faced substance abuse or mental health issues can receive appropriate treatment and referral.

Summary of provisions

Section one of the bill re-numbers specific provisions of the Public Health law Section 230(11)(g) that authorizes the Medical Society of the State of New York's Committee for Physicians Health program, and adds additional statutory language to clarify that the liability protections offered in the statute for physician participants in the program extend to the organizations themselves as well as their employees acting without malice and within the scope of its functions for the committee.

Section two of the bill provides an effective date.

Justification

For over 30 years, the Medical Society's Committee for Physicians' Health has successfully provided needed treatment and counseling to numerous New York State physicians who are thought to be suffering from alcoholism, substance abuse or mental illness. The New York State Legislature has re-authorized the program numerous times, including most recently enacting a 5-year extension in 2013.

Importantly, this statute exempts members of a physician committee of the Medical Society of the State of New York, the New York State Osteopathic Society, or a county medical society, including MSSNY's Committee for Physicians' Health, from medical misconduct reporting requirements based on information received solely from their participation on this committee. The statute also expressly provides liability protections for those physicians who serve on these committees for actions taken within the scope of their functions for the committee.

However, a recent lower court decision has interpreted these liability protections as not applying to the entity creating this physician committee even though the statute expressly provides liability protection for the physician members serving on this committee. There would appear to be no good public-policy objective for this result except for the possibility that the law may have unintentionally been written in such a way that may have permitted this interpretation. This legislation would correct this technical defect.

Furthermore, there are serious concerns that, without clarifying the scope of the liability protections offered in this legislation, the

program run by the Medical Society and other similar programs in New York State will be unable to continue to function. Enactment of this legislation will continue to allow impaired physicians who have not harmed patients to be able to obtain referrals for treatment and will allow for intervention in order to help troubled physicians.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately provided, that these provisions shall expire and be deemed repealed with the sections they are amending.