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A1123Assembly2019-2020 SessionSame asS1406

Report Sexual Offenses in Hospitals

Official title

“Relates to requiring health care facilities to report incidents of a sexual offense to the departments of both health and education”

Sponsor Brian KolbAD-131+6 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

Clara's Law requires hospitals to report all allegations of sexual offenses by health care practitioners against patients to both health and education authorities.

Why it matters

  1. Increases accountability and transparency. by requiring hospitals to report every allegation of sexual offenses by health care practitioners against patients, not just confirmed cases, ensuring that all potential misconduct is formally documented and reviewed.

  2. Mandates dual reporting. so that both the Department of Health and the Education Department are notified of allegations, closing gaps in oversight for all licensed health practitioners, including those not previously covered by both agencies.

  3. Covers a broad range of health care professionals. by defining “health care practitioner” to include anyone licensed or certified under state education law, potentially bringing more professions under stricter scrutiny.

  4. May improve patient safety and trust. by promoting early intervention and oversight, which could deter misconduct and encourage institutions to take allegations seriously, thus strengthening protections for vulnerable patients.

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Who cares

  • Hospitals and other covered health care facilities

    They would have to report each separate allegation of a sexual offense by a health care practitioner involving a patient within 30 days.

  • State Health and Education departments

    Both agencies would receive reports of these allegations involving professionals licensed under Title VIII of the Education Law.

  • Health care practitioners

    Allegations of sexual offenses involving patients would trigger mandatory reporting without requiring a criminal conviction.

  • Patients alleging sexual offenses by practitioners

    Their allegations would trigger a facility’s duty to report to state regulators within 30 days.

Headline styles

Report Sexual Offenses in Hospitals

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kolb

Assembly Member · Assembly District 131

History

  1. Held for consideration in health
  2. Referred to health
  3. 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.

S1406Senate

Report Sex Offenses in Hospitals

In Senate Committee · Health · Sponsor Pamela Helming

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1123

2019-2020 Regular Sessions

IN ASSEMBLY

January 14, 2019

Introduced by M. of A. KOLB -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to reporting incidents of possible professional misconduct

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "Clara's Law".

§ 2. Subdivision 1 of section 2803-e of the public health law, as added by chapter 866 of the laws of 1980, is amended by adding a new paragraph (c) to read as follows:

(c) Hospitals and other facilities approved pursuant to this article shall make a report or cause a report to be made within thirty days of every separate allegation of a sexual offense, as defined in article one hundred thirty of the penal law, by a health care practitioner which involves a patient.

§ 3. Subdivision 2 of section 2803-e of the public health law, as amended by chapter 542 of the laws of 2000, is amended and a new subdivision 4 is added to read as follows:

2. Reports of possible professional misconduct made pursuant to this section shall be made in writing to the education department with respect to all individuals licensed pursuant to title eight of the education law except that such reports shall be made to the department of health in the case of physicians, physician's assistants and specialist's assistants. Reports for all allegations of a sexual offense pursuant to paragraph (c) of this section shall be made to the department of health in addition to the education department with respect to all individuals licensed pursuant to title eight of the education law. Written reports shall include the following information:

(a) name, address, profession and license number of the individual;

(b) a description of the action taken by the hospital including the reason for the action and the date thereof, or the nature of the action

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04081-01-9

A. 1123 2

or conduct which led to the resignation or withdrawal, and the date thereof, stated with sufficient specificity to allow a reasonable person to understand which of the reasons enumerated in subdivision one of this section led to the action of the hospital or the resignation or withdrawal of the individual, and, if the reason was an act or omission of the individual, the particular act or omission;

(c) any criminal conviction of which the hospital has knowledge; and

(d) such other information as the education department or the department of health shall require.

4. For purposes of this section the term "health care practitioner" shall mean a person licensed, certified or otherwise authorized to practice under title eight of the education law.

§ 4. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.