What's happening
This bill grants immunity from liability to medical societies and their agents that establish and support physician committees.
Why it matters
Expands legal protection. for not just individual committee members, but also for entire medical societies, their employees, and agents involved in supporting or providing services to physician committees—potentially encouraging broader participation in peer review and professional conduct programs.
May increase willingness of societies to establish and staff physician committees. (such as those handling peer assistance or physician impairment), since the threat of lawsuits is significantly reduced, so long as actions are conducted without malice and within the scope of their official functions.
Could affect accountability and transparency. , as the bill explicitly limits civil liability and maintains existing confidentiality protections for committee proceedings and records, possibly making it harder for harmed parties to seek redress or access information about committee actions.
Intended to strengthen self-regulation in the medical profession. , this change could lead to earlier interventions and more robust internal oversight, but also raises questions about oversight of the committees themselves and the balance between professional autonomy and public protection.
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Shield Groups Referring Impaired Doctors
Plain English, a few words. Used as the page title.
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- Referred to codes
- Reported referred to codes
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Physician Committees from Lawsuits
In Senate Committee · Rules · Sponsor Kemp Hannon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2703
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. GOTTFRIED, ABINANTI -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to granting immunity from liability to organizations which establish physician committees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 11 of section 230 of the public health law, as added by chapter 426 of the laws of 1983, subparagraphs (ii) and (iii) as amended by chapter 606 of the laws of 1991, subparagraphs (v) and (vi) as added by chapter 582 of the laws of 1984, is amended to read as follows:
(g) (i) Any physician committee of the Medical Society of the State of New York, the New York State Osteopathic Society or a county medical society referred to in subparagraph (ii) of paragraph (c) of this subdivision shall develop procedures in consultation with, and approved by, the commissioner [of the department of health], including but not limited to the following:
[(i)] (A) The committee shall disclose at least once a month such information as the director of the office of professional medical conduct may deem appropriate regarding reports received, contacts or investigations made and the disposition of each report, provided however that the committee shall not disclose any personally identifiable information except as provided in [subparagraph (ii)] clause (B) or [subparagraph (iii)] (C) of this [paragraph] subparagraph.
[(ii)] (B) The committee shall immediately report to the director the name, all information obtained and the results of any contact or investigation regarding any physician who is believed to be an imminent danger to the public.
[(iii)] (C) The committee shall report to the director in a timely fashion all information obtained regarding any physician who refuses to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02467-01-7
A. 2703 2
cooperate with the committee, refuses to submit to treatment, or whose impairment is not substantially alleviated through treatment.
[(iv)] (D) The committee shall inform each physician who is participating in a program of the procedures followed in the program, of the rights and responsibilities of the physician in the program and of the possible results of noncompliance with the program.
[(v)] (ii) No member of any such committee; nor the Medical Society of the State of New York, the New York State Osteopathic Society or a county medical society referred to in subparagraph (ii) of paragraph (c) of this subdivision that establishes a committee; nor any agent, servant, representative or employee that provides service to any such committee or society, shall be liable for damages to any person for any action taken by such committee, society, member, agent, servant, representative or employee provided that such action was taken without malice and within the scope of such [member's] individual's function [as a member of] to such committee.
[(vi)] (iii) The committee, in conjunction with the director of the office of professional medical conduct, shall develop appropriate consent forms and disclosure proceedings as may be necessary under any federal statute, rule or regulation in order to permit the disclosure of the information as may be required under [subparagraphs (ii)] clauses (B) and [(iii)] (C) of subparagraph (i) of this paragraph.
(iv) Except as [herein] provided in this paragraph and notwithstanding any other provision of law, neither the proceedings nor the records of any such physician committee shall be subject to disclosure under article thirty-one of the civil practice law and rules nor shall any member of any such committee nor any person in attendance at any such meeting be required to testify as to what transpired thereat.
§ 2. This act shall take effect immediately; provided, that the amendments to paragraph (g) of subdivision 11 of section 230 of the public health law, made by section one of this act, shall not affect the repeal of such paragraph, and shall be deemed repealed therewith; and provided, further, that the amendments to subparagraphs (v) and (vi) of paragraph (g) of subdivision 11 of section 230 of the public health law, made by section one of this act, shall not affect the repeal of such subparagraphs, and shall be deemed repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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