New York State Public Health Law § 2998-e Reporting of Adverse Events in Office-Based Surgery

 * §  2998-e.  Reporting  of adverse events in office based surgery. 1.
The commissioner shall enter into agreements with  accrediting  agencies
pursuant  to  which the accrediting agencies shall report, at a minimum,
aggregate data on adverse events for all office-based surgical practices
accredited by the accrediting agencies to the department. The department
may disclose reports of aggregate data to the public.
  2. The information required to be collected, maintained  and  reported
directly  to  the department pursuant to section two hundred thirty-d of
this chapter shall be kept  confidential  and  shall  not  be  released,
except  to  the  department  and  except  as required or permitted under
subdivision nine-a and subparagraph (v) of paragraph (a) of  subdivision
ten  of  section two hundred thirty of this chapter. Notwithstanding any
other provision of law, none of such information  shall  be  subject  to
disclosure  under  article  six  of  the  public officers law or article
thirty-one of the civil practice law and rules.
  3. The commissioner shall make, adopt,  promulgate  and  enforce  such
rules  and regulations, as he or she may deem appropriate, to effectuate
the purposes of this section. Where any rule or  regulation  under  this
section would affect the scope of practice of a health care practitioner
licensed, registered or certified under title eight of the education law
other  than  those licensed under articles one hundred thirty-one or one
hundred thirty-one-B of the education law, the rule or regulation  shall
be made with the concurrence of the commissioner of education.
  * NB Effective January 14, 2008