New York A 8081: Strengthens protections for patients regarding sexual misconduct by medical providers

Bill Text

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A08081 Summary:

BILL NOA08081 

&nbsp

SAME ASSAME AS S01855

&nbsp

SPONSORGonzalez-Rojas

&nbsp

COSPNSRGlick, Shimsky, Levenberg, Gallagher, Zaccaro, Lee, Zinerman, Shrestha, Reyes, Raga, Epstein,
 Lunsford, Hevesi, Griffin

&nbsp

MLTSPNSR

&nbsp

Amd §230, add §2803-bb, Pub Health L; amd §§6530 & 6524, add §6523-a, Ed L

&nbsp

Strengthens protections for patients regarding sexual misconduct by medical providers; requires medical expert consultants involved in investigations disclose conflicts of interest and to not be under investigation, on warning, or on probation; requires a zero-tolerance policy to be adopted and training to be provided on sexual misconduct by the board for professional misconduct; includes provisions related to the right to have a chaperone; includes sexual misconduct in the definition of professional misconduct.

Go to top A08081 Actions:

BILL NOA08081 

&nbsp

04/24/2025referred to health

01/07/2026referred to health

Go to topA08081 Committee&nbspVotes:

Go to topA08081 Floor&nbspVotes:

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

Go to topA08081 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8081

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 24, 2025
 ___________

 Introduced by M. of A. GONZALEZ-ROJAS, GLICK, SHIMSKY, LEVENBERG,
 GALLAGHER, ZACCARO, LEE, ZINERMAN, SHRESTHA, REYES, RAGA, EPSTEIN,
 LUNSFORD -- read once and referred to the Committee on Health

 AN ACT to amend the public health law and the education law, in relation
 to strengthening protections for patients regarding sexual misconduct
 by medical providers

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

 1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 10 of
 2 section 230 of the public health law, as amended by chapter 558 of the
 3 laws of 1994, is amended to read as follows:
 4 (ii) If the investigation of cases referred to an investigation
 5 committee involves issues of clinical practice, medical experts, shall
 6 be consulted. Experts may be made available by the state medical society
 7 of the state of New York, by county medical societies and specialty
 8 societies, and by New York state medical associations dedicated to the
 9 advancement of non-conventional medical treatments. Medical experts
 10 shall disclose any conflicts of interest including but not limited to
 11 shared alma mater, hometown, residence, or relationships, that connects
 12 or establishes a bond between such medical expert and the licensee in
 13 order to preclude any favorable bias prior to assisting in an investi-
 14 gation. A medical expert shall not be consulted if such medical expert
 15 is under investigation, has an administrative warning, or is on
 16 probation, and such medical expert shall be dismissed from consulting
 17 duties if such medical expert becomes the subject of an investigation,
 18 receives an administrative warning, or is put on probation during such
 19 experts term of consultation. Any information obtained by medical
 20 experts in consultations, including the names of licensees or patients,
 21 shall be confidential and shall not be disclosed except as otherwise
 22 authorized or required by law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05133-01-5

 A. 8081 2

 1 § 2. Paragraph (a) of subdivision 10 of section 230 of the public
 2 health law, as amended by chapter 866 of the laws of 1980, is amended to
 3 read as follows:
 4 (a) Investigation. The board for professional medical conduct, by a
 5 committee on professional conduct, may investigate on its own any
 6 suspected professional misconduct, and shall investigate each complaint
 7 received regardless of the source. The results of the investigation and
 8 an objective summary statement produced by the investigator along with a
 9 recommendation shall be referred to the director of the office of
 10 professional medical conduct. If the director of the office of profes-
 11 sional medical conduct, after consultation with a professional member of
 12 the board for professional medical conduct, determines that a hearing is
 13 warranted [he] such director shall direct