N.Y. PBH Law § 2805-K — New York Code / Act PBH / Article 28 / Section 2805-K
Investigations prior to granting or renewing privileges
Status: in_force

§ 2805-k. Investigations prior to granting or renewing privileges. 1.\nPrior to granting or renewing professional privileges or association of\nany physician, dentist or podiatrist or hiring a physician, dentist or\npodiatrist, a hospital or facility approved pursuant to this article\nshall request from the physician, dentist or podiatrist and the\nphysician, dentist or podiatrist shall be required to provide the\nfollowing information:\n  (a) The name of any hospital or facility with or at which the\nphysician, dentist or podiatrist had or has any association, employment,\nprivileges or practice;\n  (b) Where such association, employment, privilege or practice was\ndiscontinued, the reasons for its discontinuation;\n  (c) Any pending professional medical, dental or podiatric misconduct\nproceedings or any pending medical malpractice actions in this state or\nanother state, the substance of the allegations in such proceedings or\nactions, and any additional information concerning such proceedings or\nactions as the physician, dentist or podiatrist may deem appropriate;\n  (d) The substance of the findings in such actions or proceedings and\nany additional information concerning such actions or proceedings as the\nphysician, dentist or podiatrist may deem appropriate;\n  (e) A waiver by the physician, dentist or podiatrist of any\nconfidentiality provisions concerning the information required to be\nprovided to hospitals pursuant to this subdivision; and\n  (f) Documentation that the physician, dentist or podiatrist has\ncompleted the course work or training as mandated by section two hundred\nthirty-nine of this chapter or section six thousand five hundred five-b\nof the education law. A hospital or facility shall not grant or renew\nprofessional privileges or association to a physician, dentist, or\npodiatrist who has not completed such course work or training.\n  (g) A verification by the physician, dentist or podiatrist that the\ninformation provided by the physician, dentist or podiatrist is true and\naccurate.\n  2. Prior to granting privileges or association to any physician,\ndentist or podiatrist, or hiring a physician, dentist or podiatrist, any\nhospital or facility approved pursuant to this article shall request\nfrom any hospital with or at which such physician, dentist or podiatrist\nhad or has privileges, was associated, or was employed, the following\ninformation concerning such physician, dentist or podiatrist:\n  (a) Any pending professional medical conduct proceedings or any\npending medical malpractice actions, in this state or another state;\n  (b) Any judgment or settlement of a medical malpractice action and any\nfinding of professional misconduct in this state or another; and\n  (c) Any information required to be reported by hospitals pursuant to\nsection twenty-eight hundred three-e of this article.\n  3. If requested by the department, a hospital shall provide\ndocumentation that, prior to granting privileges, association or\nemploying a physician, dentist or podiatrist, it has complied with the\nrequirements of subdivisions one and two of this section and that, prior\nto renewing privileges, association or employment, it has complied with\nthe requirements of subdivision one of this section. Copies of the\ninformation and documentation required pursuant to subdivisions one and\ntwo of this section shall be placed in the physician's, dentist's or\npodiatrist's personnel or credentials file maintained by the hospital.\n  4. Any hospital which receives a request for information from another\nhospital pursuant to subdivision one or two of this section shall\nprovide such information concerning the physician, dentist or podiatrist\nin question to the extent such information is known to the hospital\nreceiving such a request, including the reasons for suspension,\ntermination, curtailment of employment or privileges at the hospital.\nAny hospital or hospital employee providing such information in good\nfaith shall not be liable in any civil action for the release of such\ninformation.\n