New York State Assembly

 
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A07991 Summary:

A07991 Actions:

A07991 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:02/11/2020AYE/NAY:21/1  Action: Favorable         
Gottfried
Aye
Byrne
Aye
Schimminger
Aye
McDonough
Aye
Galef
Aye
Garbarino
Aye
Dinowitz
Aye
Byrnes
Aye
Cahill
Aye
Ashby
Excused
Paulin
Excused
Miller
Aye
Cymbrowitz
Aye
Salka
Nay
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Jaffee
Excused
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Excused
Barron
Aye
Sayegh
Aye

A07991 Floor Votes:

A07991 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7991A
 
SPONSOR: Simotas

 
TITLE OF BILL:
 
An act to amend the public health law, in relation to posting informa-
tion on patients' reporting rights regarding professional misconduct
involving sexual harassment and assault
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To give patients greater access to information on how to report sexual
misconduct committed by doctors to the Office of Professional Medical
Conduct.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 amends subdivision 11 of section 230 of the public health law
to add a new paragraph (h) requiring the Office of Profession al Medical
Conduct to post on its website information on patients' rights and
reporting options regarding professional misconduct involving sexual
harassment and sexual assault, and requiring all doctor's offices to
conspicuously post signage directing patients to the website.
 
Section 2 provides the effective date.
 
 
JUSTIFICATION:
 
Patients place a great deal of trust in their doctors, and when doctors
abuse that trust and subject them to sexual violence it can be an
incredibly shocking and traumatizing experience. Marissa Hoechstetter, a
survivor who was sexually assaulted by her doctor during her pregnancy,
delivery and postpartum care, recently testified to the legislature on
how difficult it is for patients who have experienced these violations
to navigate the reporting system.  The website for the Office of Profes-
sional Medical Conduct offers no guidance on these issues and never
explicitly mentions their role in receiving complaints of sexual harass-
ment and assault by medical professionals. Because often the first step
a victim feels safe in taking is to privately look online for informa-
tion, it is essential this website is updated to provide clear, direct
information about their rights and reporting options. This legislation
will help ensure patients who have experienced sexual abuse in medical
settings can easily access the information they need on how to report to
the Office of Professional Medical Conduct.
 
 
PRIOR LEGISLATIVE HISTORY:
 
None.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A07991 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7991--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 30, 2019
                                       ___________
 
        Introduced by M. of A. SIMOTAS, QUART, SAYEGH, MOSLEY, MORINELLO, ASHBY,
          L. ROSENTHAL,  JAFFEE,  GOTTFRIED,  HEVESI,  SIMON  --  read  once and
          referred to the Committee on Health -- recommitted to the Committee on
          Health in accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the public health law, in relation to posting informa-
          tion on patients' reporting rights regarding  professional  misconduct
          involving sexual harassment and assault
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 11 of section 230 of the public health  law  is
     2  amended by adding a new paragraph (h) to read as follows:
     3    (h)  The  office  of  professional  medical  conduct shall post on its
     4  website information on patients' rights and reporting options under this
     5  subdivision regarding professional misconduct, which shall  specifically
     6  include information on reporting instances of misconduct involving sexu-
     7  al  harassment  and  assault.    All physicians' practice settings shall
     8  conspicuously post signage, visible to their  patients,  directing  such
     9  patients  to  the  office  of professional medical conduct's website for
    10  information about their rights and how to  report  professional  miscon-
    11  duct.
    12    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13002-03-0