A8081 — Strengthens protections for patients regarding sexual misconduct by medical providers

Summary

Strengthens protections for patients regarding sexual misconduct by medical providers; requires medical expert consultants involved in investigations disclose conflicts of interest and to not be under investigation, on warning, or on probation; requires a zero-tolerance policy to be adopted and training to be provided on sexual misconduct by the board for professional misconduct; includes provisions related to the right to have a chaperone; includes sexual misconduct in the definition of professional misconduct.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 230 of the public health law.

• Section 230 of the public health law

  he in the practice of medicine either → Medical experts shall disclose any conflicts of interest including but not limited to shared alma mater, hometown, residence, or relationships, that connects or establishes a bond between such medical expert and the licensee in order to preclude any favorable bias prior to assisting in an investi- gation. A medical expert shall not be consulted if such medical expert is under investigation, has an administrative warning, or is on probation, and such medical expert shall be dismissed from consulting duties if such medical expert becomes the subject of an investigation, receives an administrative warning, or is put on probation during such experts term of consultation. italics and an objective summary statement produced by the investigator along with a recommendation such director 6-a. (a) The board shall adopt a zero-tolerance policy for sexual misconduct and the office of professional medical conduct shall publish such policy and make it publicly available on its website. Such policy shall include a statement that a patient cannot consent to any sexual conduct or activity with such patient's treating physician. (b) The board shall institute annual training or in-service workshops on sexual misconduct and sexual harassment for the office of profes- sional medical conduct staff, including investigators, the division of legal affairs, and the board. The board shall provide comprehensive orientation and training on sexual misconduct and sexual harassment issues utilizing expert speakers, physicians, representatives from the office of the attorney general, crisis intervention centers, and related community programs. § 2803-bb. Protection of patients from sexual misconduct. 1. The prin- ciples enunciated in subdivision three of this section are declared to be the public policy of the state and a copy of such statement of rights and responsibilities shall be posted conspicuously in a public place in each hospital covered hereunder. 2. The commissioner shall require that every hospital, as defined in subdivision one of section twenty-eight hundred one of this article, shall adopt and make public a statement of the rights and responsibil- ities regarding protection of the patients from sexual misconduct who are receiving care in such hospitals, and shall treat such patients in accordance with the provisions of such statement. 3. Said statement of rights and responsibilities regarding protection from sexual misconduct shall include, but not be limited to the follow- ing: a. Every patient shall have the right to request the presence of a family member or third-party chaperone during a physical examination. b. Every patient shall have the right to receive a written statement of the right to request the presence of a family member or third-party chaperone during: (1) breast and pelvic examinations of females; and (2) genitalia and rectal examinations of both males and females. 4. Each hospital shall give a copy of the statement to each patient at or prior to the time of admission to the hospital, or to the appointed personal representative at the time of appointment. Such statement shall be provided in a document in addition to, and separate from, any other statement of rights and responsibilities required pursuant to the provisions of this chapter. Upon acknowledgment of the statement by the patient, an acceptance or declination of the presence of a chaperone shall be noted in such patient's chart. 5. As used in this section, the term "chaperone" means a person who acts as a witness for a patient and a health professional during a medical examination or procedure. A chaperone shall stand in a location where they are able to assist as needed and observe the examination, therapy or procedure. A chaperone may be a health care professional or a trained unlicensed staff member. This may include medical assistants, nurses, technicians, therapists, residents, and fellows. Whenever possi- ble, but not required, the chaperone shall be the gender t

  amended

Action History

1. January 07, 2026

   REFERRED TO HEALTH

2. April 24, 2025

   REFERRED TO HEALTH

Sponsors

• Jessica Gonzalez-Rojas · Primary

Subjects