N.Y. Public Health Law § 2805-k: Investigations prior to granting or renewing privileges

§ 2805-k. Investigations prior to granting or renewing privileges. 1.

Prior to granting or renewing professional privileges or association of

any physician, dentist or podiatrist or hiring a physician, dentist or

podiatrist, a hospital or facility approved pursuant to this article

shall request from the physician, dentist or podiatrist and the

physician, dentist or podiatrist shall be required to provide the

following information:

(a) The name of any hospital or facility with or at which the

physician, dentist or podiatrist had or has any association, employment,

privileges or practice;

(b) Where such association, employment, privilege or practice was

discontinued, the reasons for its discontinuation;

(c) Any pending professional medical, dental or podiatric misconduct

proceedings or any pending medical malpractice actions in this state or

another state, the substance of the allegations in such proceedings or

actions, and any additional information concerning such proceedings or

actions as the physician, dentist or podiatrist may deem appropriate;

(d) The substance of the findings in such actions or proceedings and

any additional information concerning such actions or proceedings as the

physician, dentist or podiatrist may deem appropriate;

(e) A waiver by the physician, dentist or podiatrist of any

confidentiality provisions concerning the information required to be

provided to hospitals pursuant to this subdivision; and

(f) Documentation that the physician, dentist or podiatrist has

completed the course work or training as mandated by section two hundred

thirty-nine of this chapter or section six thousand five hundred five-b

of the education law. A hospital or facility shall not grant or renew

professional privileges or association to a physician, dentist, or

podiatrist who has not completed such course work or training.

(g) A verification by the physician, dentist or podiatrist that the

information provided by the physician, dentist or podiatrist is true and

accurate.

2. Prior to granting privileges or association to any physician,

dentist or podiatrist, or hiring a physician, dentist or podiatrist, any

hospital or facility approved pursuant to this article shall request

from any hospital with or at which such physician, dentist or podiatrist

had or has privileges, was associated, or was employed, the following

information concerning such physician, dentist or podiatrist:

(a) Any pending professional medical conduct proceedings or any

pending medical malpractice actions, in this state or another state;

(b) Any judgment or settlement of a medical malpractice action and any

finding of professional misconduct in this state or another; and

(c) Any information required to be reported by hospitals pursuant to

section twenty-eight hundred three-e of this article.

3. If requested by the department, a hospital shall provide

documentation that, prior to granting privileges, association or

employing a physician, dentist or podiatrist, it has complied with the

requirements of subdivisions one and two of this section and that, prior

to renewing privileges, association or employment, it has complied with

the requirements of subdivision one of this section. Copies of the

information and documentation required pursuant to subdivisions one and

two of this section shall be placed in the physician's, dentist's or

podiatrist's personnel or credentials file maintained by the hospital.

4. Any hospital which receives a request for information from another

hospital pursuant to subdivision one or two of this section shall

provide such information concerning the physician, dentist or podiatrist

in question to the extent such information is known to the hospital

receiving such a request, including the reasons for suspension,

termination, curtailment of employment or privileges at the hospital.

Any hospital or hospital employee providing such information in good

faith shall not be liable in any civil action for the release of such

information.