In legislation enacted on October 7, 2020, New York State is requiring physicians’ practice settings to post notice, visible to patients, that direct patients to the Office of Professional Medical Conduct’s (“OPMC’s”) website to obtain information about their rights and how to file a complaint regarding professional misconduct. The requirement is effective immediately.
This new provision in Section 230 of the Public Health Law also directs the OPMC to post on its website information about patients’ rights and reporting options for professional misconduct, which must specifically address instances of sexual harassment and assault. OPMC’s website informing patients how to file a complaint of professional misconduct is: https://www.health.ny.gov/professionals/doctors/conduct/. OPMC’s website has not yet been updated, but that can be expected soon.
The scope of the law is broadly directed at “physicians’ practice settings.” Given that the term “physician practice setting” is not defined, the statute could be read that this requirement applies to all treatment settings where a physician provides services, including private medical practices, clinics, hospitals, ambulatory surgery centers and other facilities.
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