Posted on March 17, 2009
Sen. Hannon sponsors legislation enhancing infection control training and practices and strengthens the authority of the board for professional medical conduct to discipline physicians.
Chapter 477 (Hannon): This chapter enhances infection control training and practices and clarifies and strengthens the authority of the board for professional medical conduct to discipline physicians. Combining provisions from a "safe injection practices" bill (S.8104/Hannon) with a Governor’s Program "patient safety" bill (S.8298), this chapter represents the culmination of diligent and collaborative efforts by the Legislature, Department of Health, medical experts, advocates and the Governor’s office to ensure the safety of New York’s patients. It is a necessary first step toward restoring the public’s faith in a medical profession which has been fractured. Specifically, this chapter improves upon patient safety by clarifying the Department’s authority to take action against physicians who have engaged in poor medical practices; ensuring the public’s access to information regarding a physician’s involvement with disciplinary proceedings while, at the same time, acknowledging that any physician involved in such disciplinary proceedings should be entitled to due process considerations which protect against unsubstantiated complaints; and by improving infection control education and practices, including a study on the efficacy of restricting the use of multi-dose vials and transitioning to the mandatory use of disposable medical equipment engineered for single use.
This legislation significantly enhances New York’s ability to continue to provide a patient centered and safe health care system. This chapter was signed by Governor Paterson on August 5, 2008.
patient safety provisions of the chapter include:
Section one amends subdivision seven of § 230 of the Public Health Law by authorizing the office of professional medical conduct to obtain medical records, and other protected health information pertaining to a licensee’s physical or mental condition, when a committee on professional conduct has reason to believe the licensee may be impaired by alcohol, drugs, physical disability or mental disability, or that information regarding the licensee’s medical condition may be relevant to an inquiry into a report of a communicable disease.
Section one also authorizes a committee on professional conduct to direct a licensee to undergo a clinical competency examination.
Section three of the bill amends subparagraph (v) of paragraph (a) of subdivision (10) of § 230 of the Public Health Law to provide that in office of professional medical conduct cases and investigations pertaining to a public health threat, the Commissioner of Health is authorized to disclose information to the public as needed, notwithstanding otherwise applicable confidentiality provisions.
One provision in section four of the bill amends subparagraph (iv) of paragraph (a) of subdivision (10) of § 230 of the Public Health Law to provide that if the investigation committee is unanimous in its concurrence that a hearing is warranted, the charges shall be made public. If the investigation committee is not unanimous in its concurrence that a hearing is warranted, the members of such committee shall vote on whether the charges should be made public, and if all of the committee members vote in favor of publication, the charges shall be made public.
A second provision in section four of the bill adds paragraph (vii) to subdivision (10) (a) of § 230 of the Public Health Law to require the office of professional medical conduct, in consultation with the Patient Safety Center of the Department of Health (DOH), to conduct a continuous review of medical malpractice claims and disposition information reported to DOH under § 315 of the Insurance Law, to identify potential misconduct, and when found, conduct an investigation.
Section six of the bill amends paragraph (d) of subdivision (10) of § 230 of the Public Health Law to provide that the charges in professional discipline proceedings shall be made public, pursuant to the conditions described in subparagraph (iv) of paragraph (a) of subdivision (10) of § 230 of the Public Health Law, no earlier than five business days after such charges are served upon the licensee.
Section eleven of the bill amends paragraph (a) of subdivision (12) of § 230 of the Public Health Law by authorizing the Commissioner of Health, after being presented with information that a physician is causing, engaging in or maintaining a condition that has or is likely to lead to transmission of a communicable disease or HIV, and it would not be in the public's interest to delay action until a hearing, to order the physician to immediately discontinue such dangerous activity or take other action.
Section fifteen of the bill amends § 230-d of the Public Health Law to require licensees who
conduct office-based surgery to report any suspected transmission of a blood-borne communicable disease resulting from improper infection control practices originating in their practices in connection with such office-based surgery to the Department of Health’s Patient Safety Center within one business day.
Section sixteen of the bill amends § 239 of the Public Health Law to: (1) provide that every medical student, medical resident and physician assistant student, as part of the orientation offered by medical schools, medical residency programs and physician assistant programs, complete course work or training in infection control practices, as currently required for licensees; (2) require that documentation be provided to the Department of Health demonstrating competency in such course work or training; (3) require eligible licensees to reapply for exemptions from such coursework requirements every four years; (4) include HCV, in addition to HIV and HBV, as one of the infections addressed by the required training; and (5) provide that by September 1, 2008 and periodically thereafter, the Department of Health, including the Patient Safety Center and in consultation with the Council on Graduate Medical Education, review and revise the content of infection control training to ensure that it reflects current practices and standards, with a particular emphasis on outpatient and ambulatory settings.
Section seventeen of the bill adds § 239-a to the Public Health Law, which requires the Department of Health to develop evidence-based infection control guidelines, including safe injection practices. The department is directed to distribute the guidelines to physicians and make them available to the public on or before January 1, 2009 and every year thereafter.
Section eighteen of the bill adds § 239-b to the Public Health Law, which requires the Department of Health to conduct a study and report to the Governor and the Legislature by January 1, 2009, on whether restricting the use of multi-dose vials for the packaging of
medications and requiring the use of disposable medical equipment engineered for single use is viable and would improve infection control practices
