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