New York Laws
Article 28 - 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.

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