NY Educ L § 6527 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 131 - Medicine 6527 - Special Provisions.

§ 6527. Special  provisions.  1.  A  not-for-profit  medical or dental expense  indemnity  corporation  or  a  hospital   service   corporation organized  under  the  insurance  law may employ licensed physicians and enter into contracts with partnerships or medical corporations organized under article forty-four of the public health  law,  health  maintenance organizations  possessing a certificate of authority pursuant to article forty-four of the public health law, professional corporations organized under article fifteen of the business corporation law or other groups of physicians to practice medicine on its behalf for persons insured  under its contracts or policies.   2.  Notwithstanding any inconsistent provision of any general, special or local law, any licensed physician who  voluntarily  and  without  the expectation  of  monetary  compensation  renders  first aid or emergency treatment at the scene of an accident  or  other  emergency,  outside  a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill or injured, shall not be liable for damages for injuries alleged to have been sustained by such  person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such  first aid  or  emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the  part  of  such physician.  Nothing  in this subdivision shall be deemed or construed to relieve a licensed physician from liability for damages for injuries  or death  caused  by  an  act  or omission on the part of a physician while rendering professional services in the normal and ordinary course of his practice.   3. No individual who serves as a member of (a) a committee established to administer a utilization review  plan  of  a  hospital,  including  a hospital  as defined in article twenty-eight of the public health law or a hospital as defined in subdivision ten of section 1.03 of  the  mental hygiene  law,  or  (b)  a  committee  having  the  responsibility of the investigation of an incident reported pursuant to section 29.29  of  the mental  hygiene  law or the evaluation and improvement of the quality of care rendered in a hospital as defined in article  twenty-eight  of  the public health law or a hospital as defined in subdivision ten of section 1.03  of  the mental hygiene law, or (c) any medical review committee or subcommittee thereof of  a  local,  county  or  state  medical,  dental, podiatry   or   optometrical   society,   any  such  society  itself,  a professional standards review organization or an  individual  when  such committee,   subcommittee,   society,   organization  or  individual  is performing any medical or quality assurance  review  function  including the  investigation  of an incident reported pursuant to section 29.29 of the mental hygiene law, either described in clauses (a) and (b) of  this subdivision,  required  by  law, or involving any controversy or dispute between (i) a physician, dentist, podiatrist or optometrist or  hospital administrator  and a patient concerning the diagnosis, treatment or care of such patient or the fees or charges therefor  or  (ii)  a  physician, dentist,  podiatrist  or  optometrist  or  hospital  administrator and a provider  of  medical,  dental,  podiatric  or   optometrical   services concerning  any  medical  or  health  charges or fees of such physician, dentist,  podiatrist  or  optometrist,  or  (d)  a  committee  appointed pursuant to section twenty-eight hundred five-j of the public health law to participate in the medical and dental malpractice prevention program, or  (e)  any  individual who participated in the preparation of incident reports required  by  the  department  of  health  pursuant  to  section twenty-eight hundred five-l of the public health law, or (f) a committee established  to  administer  a  utilization  review plan, or a committee having the responsibility of evaluation and improvement of  the  quality  of  care  rendered, in a health maintenance organization organized under article forty-four of the public health law or  article  forty-three  of the  insurance  law,  including  a  committee  of an individual practice association  or  medical group acting pursuant to a contract with such a health maintenance organization, shall  be  liable  in  damages  to  any person  for  any action taken or recommendations made, by him within the scope of his function in such capacity provided that (a) such individual has taken action  or  made  recommendations  within  the  scope  of  his function  and  without  malice,  and  (b) in the reasonable belief after reasonable investigation that the act or recommendation  was  warranted, based upon the facts disclosed.   Neither  the  proceedings nor the records relating to performance of a medical or a quality assurance review function  or  participation  in  a medical  and  dental  malpractice  prevention  program  nor  any  report required by the department of health pursuant  to  section  twenty-eight hundred  five-l of the public health law described herein, including the investigation of an incident reported pursuant to section 29.29  of  the mental  hygiene  law,  shall  be  subject  to  disclosure  under article thirty-one of the civil practice law and  rules  except  as  hereinafter provided  or  as  provided  by  any other provision of law. No person in attendance at a meeting when a medical or a quality assurance review  or a  medical  and  dental  malpractice  prevention  program or an incident reporting  function  described  herein  was  performed,  including   the investigation  of  an incident reported pursuant to section 29.29 of the mental hygiene law, shall be required to testify as to  what  transpired thereat.  The  prohibition  relating to discovery of testimony shall not apply to the statements made by any  person  in  attendance  at  such  a meeting  who is a party to an action or proceeding the subject matter of which was reviewed at such meeting.   4. This article shall not  be  construed  to  affect  or  prevent  the following:   a. The furnishing of medical assistance in an emergency;   b. The practice of the religious tenets of any church;   c.  A  physician  from  refusing  to  perform  an act constituting the practice of medicine to which he is conscientiously opposed by reason of religious training and belief.   d. The organization of a medical corporation under article  forty-four of  the  public  health  law,  the  organization of a university faculty practice corporation  under  section  fourteen  hundred  twelve  of  the not-for-profit  corporation  law  or  the organization of a professional service corporation under article fifteen of  the  business  corporation law.   e.  The  physician's  use  of  whatever  medical care, conventional or non-conventional, which effectively treats human disease, pain,  injury, deformity or physical condition.   5.  There  shall be no monetary liability on the part of, and no cause of action for damages shall  arise  against,  any  person,  partnership, corporation,   firm,   society,  or  other  entity  on  account  of  the communication of information in the possession of such person or entity, or on  account  of  any  recommendation  or  evaluation,  regarding  the qualifications,  fitness,  or  professional  conduct  or  practices of a physician, to any governmental agency, medical or specialists society, a hospital as defined in article twenty-eight of the public health law,  a hospital  as  defined  in  subdivision ten of section 1.03 of the mental hygiene law,  or  a  health  maintenance  organization  organized  under article  forty-four  of  the public health law or article forty-three of the insurance law, including  a  committee  of  an  individual  practice association or medical group acting pursuant to a contract with a health  maintenance  organization.  The foregoing shall not apply to information which is untrue and communicated with malicious intent.   6. A licensed physician may prescribe and order a non-patient specific regimen  to  a  registered  professional  nurse, pursuant to regulations promulgated by the commissioner, and consistent with the  public  health law, for:  (a) administering immunizations.  (b) the emergency treatment of anaphylaxis.  (c)  administering  purified  protein  derivative (PPD) tests or other tests to detect or screen for tuberculosis infections.  (d) administering  tests  to  determine  the  presence  of  the  human immunodeficiency virus.  (e)  administering  tests to determine the presence of the hepatitis C virus.  (f) the urgent or emergency treatment of opioid  related  overdose  or suspected opioid related overdose.  (g)  screening of persons at increased risk of syphilis, gonorrhea and chlamydia.   * 7. A licensed physician may prescribe and order a  patient  specific order or non-patient specific regimen to a licensed pharmacist, pursuant to  regulations promulgated by the commissioner, and consistent with the public health law, for administering immunizations to prevent influenza, pneumococcal, acute herpes zoster, meningococcal,  tetanus,  diphtheria, COVID-19,  or  pertussis  disease and medications required for emergency treatment of anaphylaxis. Nothing in this  subdivision  shall  authorize unlicensed persons to administer immunizations, vaccines or other drugs.   * NB Effective until January 31, 2022   * 7.  A  licensed physician may prescribe and order a patient specific order or non-patient specific regimen to a licensed pharmacist, pursuant to regulations promulgated by the commissioner, and consistent with  the public  health  law,  for:  (a)  administering  immunizations to prevent influenza to patients two years of age or older; and  (b)  administering immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis  B,  human papillomavirus, measles, mumps, rubella, varicella, COVID-19, meningococcal, tetanus, diphtheria or  pertussis  disease  and medications  required for emergency treatment of anaphylaxis to patients eighteen  years  of  age  or  older;   and   (c)   administering   other immunizations  recommended  by  the  advisory  committee on immunization practices of the centers for disease control and prevention for patients eighteen years of  age  or  older  if  the  commissioner  of  health  in consultation  with the commissioner determines that an immunization: (i) (A) may be safely administered by a  licensed  pharmacist  within  their lawful  scope of practice; and (B) is needed to prevent the transmission of a reportable communicable disease  that  is  prevalent  in  New  York state;  or (ii) is a recommended immunization for such patients who: (A) meet age requirements, (B) lack documentation of such immunization,  (C) lack  evidence  of past infection, or (D) have an additional risk factor or another indication  as  recommended  by  the  advisory  committee  on immunization   practices   of   the  centers  for  disease  control  and prevention. Nothing  in  this  subdivision  shall  authorize  unlicensed persons to administer immunizations, vaccines or other drugs.   * NB Effective January 31, 2022   7-a.  A  licensed physician may prescribe and order a patient specific order or non-patient specific order to a licensed  pharmacist,  pursuant to  regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the public health  law,  for dispensing  up  to  a  seven  day  starter  pack  of  HIV  post-exposure  prophylaxis for the purpose of preventing human  immunodeficiency  virus infection following a potential human immunodeficiency virus exposure.   8.   Nothing   in   this  article  shall  prohibit  the  provision  of psychotherapy as defined  in  subdivision  two  of  section  eighty-four hundred  one of this title to the extent permissible within the scope of practice of medicine, by any  not-for-profit  corporation  or  education corporation  providing  services  within  the  state  of  New  York  and operating under a waiver pursuant to section sixty-five hundred  three-a of  this  title, provided that such entities offering such psychotherapy services  shall  only  provide  such  services  through  an   individual appropriately  licensed or otherwise authorized to provide such services or a professional entity authorized by law to provide such services.   9. (a) Nothing in this article shall be construed to affect or prevent a person in training or trained and deemed qualified  by  a  supervising licensed  physician,  to  assist the licensed physician in the care of a patient for the purpose of instilling mydriatic or cycloplegic eye drops and anesthetic eye drops in conjunction with such dilating drops to  the surface  of  the  eye  of a patient, provided that the person instilling such eye drops is:  (i) under the on-site supervision of a supervising licensed physician;  (ii) at least eighteen years of age; and  (iii) complies with standards issued by the department.  (b) The supervising licensed physician shall submit a form  prescribed by  the  department  detailing  the  identity  of each person instilling mydriatic  or  cycloplegic  eye  drops  and  anesthetic  eye  drops   in conjunction  with  such  dilating  drops  to the surface of the eye of a patient, under his or her supervision, attesting to compliance with  the above requirements.  (c)  The  supervising  licensed  physician's  use  of  any such person pursuant to the terms of  this  subdivision  shall  be  undertaken  with professional  judgment  in  order to ensure the safety and well-being of the patient.  Such use shall subject the licensed physician to the  full disciplinary  and  regulatory  authority  of  the office of professional medical conduct and the board of regents. The  licensed  physician  must notify  the  patient  or  the patient's designated health care surrogate that the licensed physician may utilize the services of an individual to administer certain eye  drops  and  must  provide  the  patient  or  the patient's designated health care surrogate the opportunity to refuse the licensed physician's plan to utilize such person.   10.    A    licensed    physician    may   prescribe   and   order   a non-patient-specific regimen to a licensed pharmacist, for  insulin  and related  supplies  pursuant  to  section sixty-eight hundred one of this title.