N.Y. Comp. Codes R. & Regs. tit. 10 § 1000.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1000.1 - Definitions

For purposes of making individual physician profiles available for dissemination to the public, pursuant to the provisions of section 2995-a of the Public Health Law, the following definitions shall apply:

(a) Board certification means a specialty or subspecialty in which a physician is certified by the American Board of Medical Specialties (ABMS), American Osteopathic Association (AOA), or Royal College of Physicians and Surgeons of Canada (RCPSC).

(b) Concise statement means a typewritten statement not exceeding 1,000 words which relates solely to information contained in the physician's profile. Statements which include the following prohibited language shall not be published with a physician's profile:

(1) potentially defamatory information that includes names of specific individuals or groups of individuals or any potentially defamatory information that could result in identification of an individual or individuals other than the physician who is making the concise statement;

(2) general statements relating to physician disciplinary or judicial processes; or

(3) statements that do not relate to the factual information contained in the physician's profile.

(c) Graduate medical education means a graduate medical education program accredited by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), Royal College of Physicians and Surgeons of Canada (RCPSC) or The College of Family Physicians of Canada (CFPC).

(d) Loss or involuntary restriction of hospital privileges or failure to renew professional privileges at hospitals for reasons related to the quality of patient care delivered means the loss or involuntary restriction of hospital privileges or failure to renew professional privileges at hospitals for reasons including, but not limited to:

(1) incompetence in providing direct patient care;

(2) sexual abuse or harassment of hospital staff or patients;

(3) disciplinary actions taken because of professional misconduct in any state related to the quality of patient care delivered;

(4) commission of crimes related to the quality of patient care delivered; and

(5) lack of maintaining accurate medical records.

(e) Physician profile means information collected on physicians currently licensed and registered in New York State that shall be available for dissemination to the public in accordance with section 2995-a of the Public Health Law.

(f) Place means, for purposes of reporting malpractice award, judgment, and settlement information, the geographic location where the injury occurred as a result of the malpractice or alleged malpractice, office practice location of the particular physician at the time of the malpractice or alleged malpractice, or county in which the malpractice award or judgment is filed. The department shall specify which of such places shall be included on reports required to be submitted by medical malpractice insurance companies or hospitals self-insured for professional medical malpractice in accordance with section 315 of the Insurance Law.

(g) Within the most recent 10 years means:

(1) for purposes of physician self-reporting, the period beginning 10 years prior to January 1, 2002 or the date the department initially collects information from a licensed registered physician, whichever is later; and

(2) for purposes of public dissemination of physician profiles, the period beginning 10 years prior to the day a physician profile is being made available for dissemination to the public.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 1000.1