N.Y. Public Health Law § 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