NEW YORK - REPORTING REQUIREMENTS

January 1, 2008

New York state laws and regulations that affect your medical practice

I. GUNSHOT WOUNDS

Should gunshot wounds be reported to the proper authorities?

Yes. The law mandates that every case of a bullet wound, gunshot wound, powder burn or any other injury arising from or caused by the discharge of a gun or firearm, and any injury inflicted by a sharp or pointed instrument which is likely to cause death must be reported at once to the police authorities of the municipality where the person reporting is located. Such report shall be made by the attending physician or the manager, superintendent or other person in charge of a hospital, sanitarium or other institution. The failure to make such report is a class A misdemeanor. This requirement, however, does not apply to wounds, burns, or injuries received by a member of the armed forces of the United States or the State of New York while engaged in the actual performance of duty.

II. IMPAIRMENT, GROSS INCOMPETENCE OR UNPROFESSIONAL CONDUCT OF ANOTHER PRACTITIONER

Should a practitioner report the impairment, gross incompetence or unprofessional conduct of another physician?

Yes. A physician is require to report to the board any information which reasonably appears to show that another licensee is guilty of professional misconduct. This report is confidential and not admissible as evidence in any administrative or judicial proceeding. As long as such information is provided in good faith and without malice, the reporting physician shall not be subject to civil liability for making such report.

The duty to notify the Board is not required if information about an impaired or incompetent practitioner was acquired as a result of rendering treatment to the practitioner.

(Public Health Law the § 230 (11) (a) and (e); Education Law § 6530 (11))

III. DRUG DEPENDENT PERSONS

Should practitioners report drug-dependent persons by reason of use of a controlled dangerous substances?

Yes. A physician is required promptly to report to the commissioner the name and address of any person determined to be an addict or habitual user of any narcotic drug. This information will be considered confidential and cannot be admitted in a criminal proceeding.

(Public Health Law § 3372)

Copyright Kern Augustine Conroy and Schoppmann, P.C. Used with permission.