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October 16, 2020

NYS Physicians Now Required to Alert Patients to Their Right to Report Possible Professional Misconduct

On October 7, 2020, NYS Governor Cuomo signed chapter 203 of the Laws of 2019-2020, which enacted a new provision to alert patients concerning their right to report possible professional misconduct on the part of physicians and physician assistants to the Office of Professional Medical Conduct. A new paragraph (h) was added to the Public Health Law 230(11), which now states:

(h) The office of professional medical conduct shall post on its website information on patients' rights and reporting options under this subdivision regarding professional misconduct, which shall specifically include information on reporting instances of misconduct involving sexual harassment and assault. All physicians' practice settings shall conspicuously post signage, visible to their patients, directing such patients to the office of professional medical conduct's website for information about their rights and how to report professional misconduct.

This new amendment refers to “physician practice settings” and is not limited to just physician-owned practices. Rather, the law broadly applies to any practice setting where physicians are providing professional services.

The law is effective immediately, and therefore practice managers and other management personnel are advised to post the notice as soon as possible. Because signage must be “conspicuous,” it is recommended the notice be posted either at patient sign-in or check-out areas.

If you have any questions regarding the content of this blog post, please contact Fran Ciardullo, special counsel, at fciardullo@barclaydamon.com or another member of the firm’s Health Care or Health & Human Services Providers Team.

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