What's happening
Clara's Law requires hospitals to report all allegations of sexual offenses by health care practitioners involving patients to state authorities.
Why it matters
Mandates prompt reporting. Hospitals must report all allegations of sexual offenses by health care practitioners involving patients within 30 days, increasing accountability and urgency in addressing potential abuse.
Dual-agency notification. Allegations must now be reported to both the Department of Health and the Education Department, regardless of the practitioner's license type, ensuring that no relevant authority is left uninformed and reducing the risk of oversight.
Casts a wide net. The law covers all individuals licensed or authorized under Title Eight of the Education Law, meaning a broad range of health care practitioners (not just doctors and nurses) are included, potentially protecting more patients.
Standardizes definitions and processes. By specifying what constitutes a "health care practitioner" and outlining required details for reports, the bill aims to create a uniform process, which can help authorities identify patterns of misconduct and prevent practitioners from moving between facilities undetected.
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Who cares
Headline styles
Report Sex Offenses in Hospitals
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- 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.
Report Sexual Offenses in Hospitals
In Assembly Committee · Health · Sponsor Brian Kolb
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1406
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed 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
S. 1406 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to reporting inci- dents of possible professional misconduct
Purpose
To enact Clara's Law requiring hospitals and health care facilities to report incidents of a sexual offense to the State Departments of Health and Education.
Summary of provisions
Section 1 establishes the title "Clara's Law."
Section 2 amends subdivision 1 of section 2803-e of the Public Health Law by adding a new paragraph (c) to require hospitals and health care facilities to report within 30 days all allegations of a sexual offense by a health care practitioner which involves a patient.
Section 3 amends subdivision 2 of section 2803-e of the Public Health Law to require reports to be made to both the Department of Health and the Education Department and defines "health care practitioner."
Section 4 contains the effective date.
Justification
This legislation is named after the late Clara Mae Bowman, who was sexu- ally abused by an Intensive care-unit nurse at a Florida hospital in 2006. Her abuser resigned from the hospital amid the allegations and went to work at another hospital where he later abused another patient. That hospital was not aware of the allegations when they hired him. This legislation is necessary to stop health care workers who have abused patients from moving to other hospitals or healthcare facilities without those facilities knowing their background.
Prior legislative history
2018: S.5124 referred to Health/A.5474 held in Health 2017: S.5124 reported from Health to Higher Education/A.5474 referred to Health
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.