§ 2803-E*2 — Reporting incidents of possible professional misconduct

* § 2803-e. Reporting incidents of possible professional misconduct.\n1. (a) Hospitals and other facilities approved pursuant to this article\nshall make a report or cause a report to be made within thirty days of\nthe occurrence of any of the following: the suspension, restriction,\ntermination or curtailment of the training, employment, association or\nprofessional privileges or the denial of the certification of completion\nof training of an individual licensed pursuant to the provisions of\ntitle eight of the education law or of a medical resident with such\nfacility for reasons related in any way to alleged mental or physical\nimpairment, incompetence, malpractice or misconduct or impairment of\npatient safety or welfare; the voluntary or involuntary resignation or\nwithdrawal of association or of privileges with such facility to avoid\nthe imposition of disciplinary measures; or the receipt of information\nwhich indicates that any professional licensee or medical resident has\nbeen convicted of a crime; the denial of staff privileges to a physician\nif the reasons stated for such denial are related to alleged mental or\nphysical impairment, incompetence, malpractice, misconduct or impairment\nof patient safety or welfare.\n (b) Hospitals and other facilities approved pursuant to this article\nshall make a report or cause a report to be made within thirty days of\nobtaining knowledge of any information which reasonably appears to show\nthat a physician is guilty of professional misconduct as defined in\nsection sixty-five hundred thirty or sixty-five hundred thirty-one of\nthe education law. A violation of this paragraph shall not be subject to\nthe provisions of section twelve-b of this chapter.\n 2. Reports of possible professional misconduct made pursuant to this\nsection shall be made in writing to the education department with\nrespect to all individuals licensed pursuant to title eight of the\neducation law except that such reports shall be made to the department\nof health in the case of physicians, physician's assistants and\nspecialist's assistants. Written reports shall include the following\ninformation:\n (a) name, address, profession and license number of the individual;\n (b) a description of the action taken by the hospital including the\nreason for the action and the date thereof, or the nature of the action\nor conduct which led to the resignation or withdrawal, and the date\nthereof, stated with sufficient specificity to allow a reasonable person\nto understand which of the reasons enumerated in subdivision one of this\nsection led to the action of the hospital or the resignation or\nwithdrawal of the individual, and, if the reason was an act or omission\nof the individual, the particular act or omission;\n (c) any criminal conviction of which the hospital has knowledge; and\n (d) such other information as the education department or the\ndepartment of health shall require.\n 3. (a) Any report or information furnished to the education department\nor department of health in accordance with the provisions of this\nsection shall be deemed a confidential communication and shall not be\nsubject to inspection or disclosure in any manner except upon formal\nwritten request by a duly authorized public agency or pursuant to a\njudicial subpoena issued in a pending action or proceeding.\n (b) Any person, facility or corporation which makes a report pursuant\nto this section in good faith and without malice shall have immunity\nfrom any liability, civil or criminal, for having made such a report.\nFor the purpose of any proceeding, civil or criminal, the good faith of\nany person required to make a report shall be presumed.\n * NB There are 2 § 2803-e's\n