2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2805-K - Investigations Prior to Granting or Renewing Privileges.

§  2805-k. Investigations prior to granting or renewing privileges. 1.
Prior to granting or renewing professional privileges or association  of
any  physician,  dentist or podiatrist or hiring a physician, dentist or
podiatrist, a hospital or facility approved  pursuant  to  this  article
shall  request  from  the  physician,  dentist  or  podiatrist  and  the
physician, dentist or  podiatrist  shall  be  required  to  provide  the
following information:
(a)  The  name  of  any  hospital  or  facility  with  or at which the
physician, dentist or podiatrist had or has any association, employment,
privileges or practice;
(b) Where such association,  employment,  privilege  or  practice  was
discontinued, the reasons for its discontinuation;
(c)  Any  pending professional medical, dental or podiatric misconduct
proceedings or any pending medical malpractice actions in this state  or
another  state,  the substance of the allegations in such proceedings or
actions, and any additional information concerning such  proceedings  or
actions as the physician, dentist or podiatrist may deem appropriate;
(d)  The  substance of the findings in such actions or proceedings and
any additional information concerning such actions or proceedings as the
physician, dentist or podiatrist may deem appropriate;
(e)  A  waiver  by  the  physician,  dentist  or  podiatrist  of   any
confidentiality  provisions  concerning  the  information required to be
provided to hospitals pursuant to this subdivision; and
(f) Documentation  that  the  physician,  dentist  or  podiatrist  has
completed the course work or training as mandated by section two hundred
thirty-nine  of this chapter or section six thousand five hundred five-b
of the education law. A hospital or facility shall not  grant  or  renew
professional  privileges  or  association  to  a  physician, dentist, or
podiatrist who has not completed such course work or training.
(g) A verification by the physician, dentist or  podiatrist  that  the
information provided by the physician, dentist or podiatrist is true and
accurate.
2.  Prior  to  granting  privileges  or  association to any physician,
dentist or podiatrist, or hiring a physician, dentist or podiatrist, any
hospital or facility approved pursuant to  this  article  shall  request
from any hospital with or at which such physician, dentist or podiatrist
had  or  has  privileges, was associated, or was employed, the following
information concerning such physician, dentist or podiatrist:
(a) Any  pending  professional  medical  conduct  proceedings  or  any
pending medical malpractice actions, in this state or another state;
(b) Any judgment or settlement of a medical malpractice action and any
finding of professional misconduct in this state or another; and
(c)  Any  information required to be reported by hospitals pursuant to
section twenty-eight hundred three-e of this article.
3.  If  requested  by  the  department,  a  hospital   shall   provide
documentation   that,  prior  to  granting  privileges,  association  or
employing a physician, dentist or podiatrist, it has complied  with  the
requirements of subdivisions one and two of this section and that, prior
to  renewing privileges, association or employment, it has complied with
the requirements of subdivision one  of  this  section.  Copies  of  the
information  and documentation required pursuant to subdivisions one and
two of this section shall be placed in  the  physician's,  dentist's  or
podiatrist's personnel or credentials file maintained by the hospital.
4.  Any hospital which receives a request for information from another
hospital pursuant to subdivision  one  or  two  of  this  section  shall
provide such information concerning the physician, dentist or podiatrist
in  question  to  the  extent  such information is known to the hospital
receiving  such  a  request,  including  the  reasons  for   suspension,

termination,  curtailment  of  employment or privileges at the hospital.
Any hospital or hospital employee providing  such  information  in  good
faith  shall  not  be liable in any civil action for the release of such
information.