2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-E*2 - Reporting Incidents of Possible Professional Misconduct.

* §  2803-e.  Reporting incidents of possible professional misconduct.
1.  (a) Hospitals and other facilities approved pursuant to this article
shall make a report or cause a report to be made within thirty  days  of
the  occurrence  of  any  of the following: the suspension, restriction,
termination or curtailment of the training, employment,  association  or
professional privileges or the denial of the certification of completion
of  training  of  an  individual  licensed pursuant to the provisions of
title eight of the education law or of  a  medical  resident  with  such
facility  for  reasons  related in any way to alleged mental or physical
impairment, incompetence, malpractice or  misconduct  or  impairment  of
patient  safety  or welfare; the voluntary or involuntary resignation or
withdrawal of association or of privileges with such facility  to  avoid
the  imposition  of disciplinary measures; or the receipt of information
which indicates that any professional licensee or medical  resident  has
been convicted of a crime; the denial of staff privileges to a physician
if  the  reasons stated for such denial are related to alleged mental or
physical impairment, incompetence, malpractice, misconduct or impairment
of patient safety or welfare.
(b) Hospitals and other facilities approved pursuant to  this  article
shall  make  a report or cause a report to be made within thirty days of
obtaining knowledge of any information which reasonably appears to  show
that  a  physician  is  guilty  of professional misconduct as defined in
section sixty-five hundred thirty or sixty-five  hundred  thirty-one  of
the education law. A violation of this paragraph shall not be subject to
the provisions of section twelve-b of this chapter.
2.  Reports  of possible professional misconduct made pursuant to this
section shall be made  in  writing  to  the  education  department  with
respect  to  all  individuals  licensed  pursuant  to title eight of the
education law except that such reports shall be made to  the  department
of  health  in  the  case  of  physicians,  physician's  assistants  and
specialist's assistants. Written reports  shall  include  the  following
information:
(a) name, address, profession and license number of the individual;
(b)  a  description  of the action taken by the hospital including the
reason for the action and the date thereof, or the nature of the  action
or  conduct  which  led  to  the resignation or withdrawal, and the date
thereof, stated with sufficient specificity to allow a reasonable person
to understand which of the reasons enumerated in subdivision one of this
section led to  the  action  of  the  hospital  or  the  resignation  or
withdrawal  of the individual, and, if the reason was an act or omission
of the individual, the particular act or omission;
(c) any criminal conviction of which the hospital has knowledge; and
(d)  such  other  information  as  the  education  department  or  the
department of health shall require.
3. (a) Any report or information furnished to the education department
or  department  of  health  in  accordance  with  the provisions of this
section shall be deemed a confidential communication and  shall  not  be
subject  to  inspection  or  disclosure in any manner except upon formal
written request by a duly authorized public  agency  or  pursuant  to  a
judicial subpoena issued in a pending action or proceeding.
(b)  Any person, facility or corporation which makes a report pursuant
to this section in good faith and without  malice  shall  have  immunity
from  any  liability,  civil or criminal, for having made such a report.
For the purpose of any proceeding, civil or criminal, the good faith  of
any person required to make a report shall be presumed.
* NB There are 2 § 2803-e's