On May 14, New York Governor David Paterson proposed new patient safety legislation—largely in response to the case of Dr. Harvey Finkelstein, a Long Island doctor accused of poor infection control practices that allegedly led to patients contracting Hepatitis C, among other illnesses. Specifically, the Governor’s bill would strengthen oversight of physicians by the State Office of Professional Medical Conduct (OPMC) by requiring continuous review of medical malpractice claims and payouts; require health plans to report physician termination for impairment or misconduct; require courts to report criminal sentences imposed against doctors; require charges of misconduct by the State Board to be made public; require physicians to more regularly update their profiles, including legal actions, for posting on the State Web site; and allow OPMC better access to physicians’ own medical records where there is reason to believe a doctor suffers from alcoholism, substance abuse, or other impairments.      

The bill would also strengthen the Department of Health’s (DOH’s) ability to protect the public from unsafe situations by authorizing DOH to disclose information that comes to light during OPMC investigations; allow DOH to direct a physician to cease activities that may harm public health; enhance DOH’s ability to compel physicians to cooperate with investigations; require office-based surgery practices to report the transmission of diseases within their practices; require infection prevention training in medical school and residency programs; and require DOH to conduct a study by January 1, 2009, on the viability of restricting the use of multi-dose vials and requiring the use of disposable medical equipment engineered for single use. GNYHA is studying the bill and will be working with the Governor and State Legislature on this legislation during the final weeks of the New York legislative session.