N.Y. Public Health Law § 2801-b: Improper practices in hospital staff appointments and extension of professional privileges prohibited

§ 2801-b. Improper practices in hospital staff appointments and

extension of professional privileges prohibited. 1. It shall be an

improper practice for the governing body of a hospital to refuse to act

upon an application for staff membership or professional privileges or

to deny or withhold from a physician, podiatrist, optometrist, dentist

or licensed midwife staff membership or professional privileges in a

hospital, or to exclude or expel a physician, podiatrist, optometrist,

dentist or licensed midwife from staff membership in a hospital or

curtail, terminate or diminish in any way a physician's, podiatrist's,

optometrist's, dentist's or licensed midwife's professional privileges

in a hospital, without stating the reasons therefor, or if the reasons

stated are unrelated to standards of patient care, patient welfare, the

objectives of the institution or the character or competency of the

applicant. It shall be an improper practice for a governing body of a

hospital to refuse to act upon an application or to deny or to withhold

staff membership or professional privileges to a podiatrist based solely

upon a practitioner's category of licensure.

2. Any person claiming to be aggrieved by an improper practice as

defined in this section may, by himself or his attorney, make, sign and

file with the public health council a verified complaint in writing

which shall state the name and address of the hospital whose governing

body is alleged to have committed the improper practice complained of

and which shall set forth the particulars thereof and contain such other

information as may be required by the council.

3. After the filing of any such complaint, the public health council

shall make a prompt investigation in connection therewith. In conducting

such investigation, the public health council is authorized to receive

reports from the governing body of the hospital and the complainant, as

the case may be, and the furnishing of such information to the public

health council, or by the council to the governing body or complainant,

shall not subject any person or hospital to any action for damages or

other relief. Such information when received by the public health

council, or its authorized representative, shall be kept confidential

and shall be used solely for the purposes of this section and the

improvement of the standards of patient care and patient welfare. The

records of such proceedings shall not be admissible as evidence in any

other action of any kind in any court or before any other tribunal,

board, agency, or person. If the council shall determine after such

investigation that cause exists for crediting the allegations of the

complaint, the council shall promptly so advise the governing body of

the hospital against which the complaint was made, and shall direct that

such governing body make a review of the actions of such body in denying

or withholding staff membership or professional privileges from the

complainant physician, podiatrist, optometrist, dentist or licensed

midwife or in excluding or expelling such physician, podiatrist,

optometrist, dentist or licensed midwife from staff membership or in

curtailing, terminating or in any way diminishing such physician's,

podiatrist's, optometrist's, dentist's or licensed midwife's

professional privileges in the hospital.

4. The provisions of this section shall not be deemed to impair or

affect any other right or remedy.