2023 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.
* (h) administering tests to determine the presence of COVID-19 or its
antibodies or influenza virus.
* NB Repealed July 1, 2026
(i) administering electrocardiogram tests to detect signs and symptoms
of acute coronary syndrome.
(j) administering point-of-care blood glucose tests to evaluate  acute
mental status changes in persons with suspected hypoglycemia.
(k)  administering  tests  and  intravenous lines to persons that meet
severe sepsis and septic shock criteria.
(l) administering tests to determine pregnancy.
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.
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.
11. A  licensed  physician  may  prescribe  and  order  a  non-patient
specific  order  to  a  pharmacist  licensed  and  located in the state,
pursuant to regulations promulgated by the commissioner, and  consistent
with  section  sixty-eight  hundred  one  of  this title, for dispensing
self-administered  hormonal  contraceptives  as   defined   in   section
sixty-eight hundred two of this title.