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Legislative bills

Granting Immunity to Organizations Establishing Physician Committees in New York State

Strategic Insights

— 1 min read

The New York State Assembly has introduced a bill to amend the public health law, granting immunity from liability to organizations that establish physician committees to refer doctors suffering from addiction or mental illness to treatment. The bill aims to provide clarity on the liability protections offered in the statute, ensuring that the Medical Society of the State of New York's Committee for Physicians' Health program can continue to function without fear of lawsuits.

Key Takeaways:

  • The proposed bill amends paragraph (g) of subdivision 11 of section 230 of the Public Health Law to establish proceedings to authorize the Medical Society of the State of New York's Committee for Physicians' Health program.
  • The bill adds statutory language to clarify that liability protections offered in the statute extend to the organizations themselves and their employees acting without malice and within the scope of their functions for the committee.
  • The New York State Legislature has re-authorized the program numerous times, including a five-year extension in 2018, but a recent lower court decision has interpreted liability protections as not applying to the entity creating the physician committee.
  • The proposed legislation aims to correct the technical defect and ensure the continued functionality of the program, allowing impaired physicians to receive referrals for treatment.
  • Enactment of this legislation will also allow for intervention to help troubled physicians, preventing potential harm to patients.
  • The bill has been reported to the Codes Committee in the 2015-2016, 2017-2018, and 2019-2020 legislative sessions.
  • There are no fiscal implications associated with the proposed bill.
  • The effective date of the bill is immediately, with the provisions expiring and being deemed repealed with the sections they are amending.

Statistics:

  • The Medical Society of the State of New York's Committee for Physicians' Health program has been in operation for over 30 years.
  • The Legislature has re-authorized the program five times, most recently with a five-year extension in 2018.
  • The program has successfully provided treatment and counseling to numerous New York State physicians suffering from addiction or mental illness.

Sources:

  • [A.865, Introduced 2021-2022, New York State Assembly]
  • [A.2995A, Reported to Codes Committee 2019-2020, New York State Assembly]
  • [A.2703, Reported to Codes Committee 2017-2018, New York State Assembly]
  • [A.7267, Reported to Codes Committee 2015-2016, New York State Assembly]
  • [Public Health Law, Section 230, New York State Legislature]

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