2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2803-E*2 - Reporting incidents of possible professional misconduct.

* §  2803-e.  Reporting incidents of possible professional misconduct.
  1.  (a) Hospitals and other facilities approved pursuant to this article
  shall make a report or cause a report to be made within thirty  days  of
  the  occurrence  of  any  of the following: 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 pursuant to the provisions of
  title eight of the education law 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; or 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.
    (b) Hospitals and other facilities approved pursuant to  this  article
  shall  make  a report or cause a report to be made within thirty days of
  obtaining knowledge of any information which reasonably appears to  show
  that  a  physician  is  guilty  of professional misconduct as defined in
  section sixty-five hundred thirty or sixty-five  hundred  thirty-one  of
  the education law. A violation of this paragraph shall not be subject to
  the provisions of section twelve-b of this chapter.
    2.  Reports  of possible professional misconduct made pursuant to this
  section shall be made  in  writing  to  the  education  department  with
  respect  to  all  individuals  licensed  pursuant  to title eight of the
  education law except that such reports shall be made to  the  department
  of  health  in  the  case  of  physicians,  physician's  assistants  and
  specialist's assistants. Written reports  shall  include  the  following
  information:
    (a) name, address, profession and license number of the individual;
    (b)  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, and the date
  thereof, stated with sufficient specificity to allow a reasonable person
  to understand which of the reasons enumerated in subdivision one of this
  section 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;
    (c) any criminal conviction of which the hospital has knowledge; and
    (d)  such  other  information  as  the  education  department  or  the
  department of health shall require.
    3. (a) Any report or information furnished to the education department
  or  department  of  health  in  accordance  with  the provisions of this
  section shall be deemed a confidential communication and  shall  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.
    (b)  Any person, facility or corporation which makes a report pursuant
  to this section in good faith and without  malice  shall  have  immunity
  from  any  liability,  civil or criminal, for having made such a report.
  For the purpose of any proceeding, civil or criminal, the good faith  of
  any person required to make a report shall be presumed.
    * NB There are 2 § 2803-e's