2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2801-B - Improper practices in hospital staff appointments and extension of professional privileges prohibited.

§  2801-b.  Improper  practices  in  hospital  staff  appointments and
  extension of professional privileges  prohibited.  1.  It  shall  be  an
  improper  practice for the governing body of a hospital to refuse to act
  upon an application for staff membership or professional  privileges  or
  to  deny  or withhold from a physician, podiatrist, optometrist, dentist
  or licensed midwife staff membership or  professional  privileges  in  a
  hospital,  or  to exclude or expel a physician, podiatrist, optometrist,
  dentist or licensed midwife from  staff  membership  in  a  hospital  or
  curtail,  terminate  or diminish in any way a physician's, podiatrist's,
  optometrist's, dentist's or licensed midwife's  professional  privileges
  in  a  hospital, without stating the reasons therefor, or if the reasons
  stated are unrelated to standards of patient care, patient welfare,  the
  objectives  of  the  institution  or  the character or competency of the
  applicant. It shall be an improper practice for a governing  body  of  a
  hospital  to refuse to act upon an application or to deny or to withhold
  staff membership or professional privileges to a podiatrist based solely
  upon a practitioner's category of licensure.
    2. Any person claiming to be aggrieved  by  an  improper  practice  as
  defined  in this section may, by himself or his attorney, make, sign and
  file with the public health council  a  verified  complaint  in  writing
  which  shall  state the name and address of the hospital whose governing
  body is alleged to have committed the improper  practice  complained  of
  and which shall set forth the particulars thereof and contain such other
  information as may be required by the council.
    3.  After  the filing of any such complaint, the public health council
  shall make a prompt investigation in connection therewith. In conducting
  such investigation, the public health council is authorized  to  receive
  reports  from the governing body of the hospital and the complainant, as
  the case may be, and the furnishing of such information  to  the  public
  health  council, or by the council to the governing body or complainant,
  shall not subject any person or hospital to any action  for  damages  or
  other  relief.  Such  information  when  received  by  the public health
  council, or its authorized representative, shall  be  kept  confidential
  and  shall  be  used  solely  for  the  purposes of this section and the
  improvement of the standards of patient care and  patient  welfare.  The
  records  of  such proceedings shall not be admissible as evidence in any
  other action of any kind in any court  or  before  any  other  tribunal,
  board,  agency,  or  person.  If  the council shall determine after such
  investigation that cause exists for crediting  the  allegations  of  the
  complaint,  the  council  shall promptly so advise the governing body of
  the hospital against which the complaint was made, and shall direct that
  such governing body make a review of the actions of such body in denying
  or withholding staff membership  or  professional  privileges  from  the
  complainant  physician,  podiatrist,  optometrist,  dentist  or licensed
  midwife  or  in  excluding  or  expelling  such  physician,  podiatrist,
  optometrist,  dentist  or  licensed  midwife from staff membership or in
  curtailing, terminating or in  any  way  diminishing  such  physician's,
  podiatrist's,    optometrist's,    dentist's   or   licensed   midwife's
  professional privileges in the hospital.
    4. The provisions of this section shall not be  deemed  to  impair  or
  affect any other right or remedy.