N.Y. Education Law § 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, 2030

(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 and COVID-19 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, 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 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. 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.