Requirements for Reporting of Professional Misconduct – N.Y. Pub. Health Law § 2803-e

Hospitals and various other facilities must make a report within 30 days of the occurrence of any of the following professional misconduct scenarios: 

• The suspension, restriction, termination or curtailment of the training, employment, association or professional privileges or the denial of the certification of completion of training of an individual licensed, or of a medical resident, with such facility for reasons related in any way to alleged mental or physical impairment, incompetence, malpractice or misconduct or impairment of patient safety or welfare; 
• The voluntary or involuntary resignation or withdrawal of association or of privileges with such facility to avoid the imposition of disciplinary measures; 
• The receipt of information which indicates that any professional licensee or medical resident has been convicted of a crime; 
• The denial of staff privileges to a physician if the reasons stated for such denial are related to alleged mental or physical impairment, incompetence, malpractice, misconduct or impairment of patient safety or welfare;
• Obtaining knowledge of any information which reasonably appears to show that a physician is guilty of professional misconduct

Reports must include the following information:

• Name, address, profession and license number of the individual;
• A description of the action taken by the hospital including the reason for the action and the date thereof, or the nature of the action or conduct which led to the resignation or withdrawal, stated with sufficient specificity to allow a reasonable person to understand which of the reasons led to the action of the hospital or the resignation or withdrawal of the individual, and if the reason was an act or omission of the individual, the particular act or omission;
• Any criminal conviction of which the hospital has knowledge; and
• Such other information as the education department or the department of health shall require.

Any report or information furnished to the department of health or education will be deemed a confidential communication and will not be subject to inspection or disclosure in any manner except upon formal written request by a duly authorized public agency or pursuant to a judicial subpoena issued in a pending action or proceeding.