New York A 4303: Relates to requiring health care facilities to report incidents of a sexual offense to the departments of both health and education

Bill Text

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 Speaker Carl E. Heastie

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A04303 Summary:

BILL NOA04303 

&nbsp

SAME ASSAME AS S03085

&nbsp

SPONSORGallahan

&nbsp

COSPNSRChludzinski, Bailey, Manktelow

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MLTSPNSR

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Amd §2803-e, Pub Health L

&nbsp

Requires health care facilities to report incidents of a sexual offense to the departments of health and education.

Go to top A04303 Actions:

BILL NOA04303 

&nbsp

02/04/2025referred to health

01/07/2026referred to health

05/19/2026held for consideration in health

Go to topA04303 Committee&nbspVotes:

Committee:HEALTH Chair:Paulin 
DATE:05/19/2026AYE/NAY:15/7 Action: Held for Consideration PaulinAyeJensenNay

DinowitzAyeGandolfoNay

RosenthalAyeBlumencranzExcused

HevesiAyeGrayNay

SteckAyeSlaterNay

BraunsteinAyeChludzinskiNay

Bichotte HermelAyeNorberNay

SayeghAyeDursoNay

McDonaldAye

ReyesAbsent

Gonzalez-RojasAye

RajkumarAye

ForrestAbsent

KellesAye

LucasAye

MeeksAye

LunsfordExcused

CruzAye

Go to topA04303 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04303 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4303

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
 tee on Health

 AN ACT to amend the public health law, in relation to reporting inci-
 dents of possible professional misconduct

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as "Clara's Law".
 2 § 2. Subdivision 1 of section 2803-e of the public health law, as
 3 added by chapter 866 of the laws of 1980, is amended by adding a new
 4 paragraph (c) to read as follows:
 5 (c) Hospitals and other facilities approved pursuant to this article
 6 shall make a report or cause a report to be made within thirty days of
 7 every separate allegation of a sexual offense, as defined in article one
 8 hundred thirty of the penal law, by a health care practitioner which
 9 involves a patient.
 10 § 3. Subdivision 2 of section 2803-e of the public health law, as
 11 amended by chapter 542 of the laws of 2000, is amended and a new subdi-
 12 vision 4 is added to read as follows:
 13 2. Reports of possible professional misconduct made pursuant to this
 14 section shall be made in writing to the education department with
 15 respect to all individuals licensed pursuant to title eight of the
 16 education law except that such reports shall be made to the department
 17 of health in the case of physicians, physician's assistants and special-
 18 ist's assistants. Reports for all allegations of a sexual offense pursu-
 19 ant to paragraph (c) of this section shall be made to the department of
 20 health in addition to the education department with respect to all indi-
 21 viduals licensed pursuant to title eight of the education law. Written
 22 reports shall include the following information:
 23 (a) name, address, profession and license number of the individual;
 24 (b) a description of the action taken by the hospital including the
 25 reason for the action and the date thereof, or the nature of the action

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05970-01-5

 A. 4303 2

 1 or conduct which led to the resignation or withdrawal, and the date
 2 thereof, stated with sufficient specificity to allow a reasonable person
 3 to understand which of the reasons enumerated in subdivision one of this
 4 section led to the action of the hospital or the resignation or with-
 5 drawal of the individual, and, if the reason was an act or omission of
 6 the individual, the particular act or omission;
 7 (c) any criminal conviction of which the hospital has knowledge; and
 8 (d) such other information as the education department or the depart-
 9 ment of health shall require.
 10 4. For purposes of this section the term "health care practitioner"
 11 shall mean a person licensed, certified or otherwise authorized to prac-
 12 tice under title eight of the education law.
 13 § 4. This act shall take effect on the ninetieth day after it shall
 14 have become a law.

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