ALBANY - Governor David Paterson Wednesday announced that he has proposed legislation that will dramatically improve patient safety, enhance the state’s authority in medical investigation and help to prevent future infection control violations.

The Governor’s Program Bill will boost the physician disciplinary system and increase the authority of the Department of Health in epidemiological investigations while also giving consumers access to more information about physicians, particularly those charged with misconduct.

The State Board for Professional Medical Conduct, located within the DOH, investigates allegations of misconduct by physicians, physician assistants and specialist assistants through the Office for Professional Medical Conduct. If OPMC recommends that charges be filed, licensees may request a hearing, and substantiated charges may result in penalties, including the revocation or suspension of a license.

This bill will enhance the existing system of professional discipline as follows: Identify potential misconduct by requiring OPMC to continuously review information about medical malpractice claims and payouts.

Increase referrals to OPMC by requiring health plans and managed care organizations to report the termination of a physician contract premised on impairment or misconduct and require courts to report sentences imposed against physicians for criminal activity.

Require the Board to make charges public when they are served upon a physician and make hearing determinations public when issued. A statement advising that the charges or determinations are subject to challenge by the physician will accompany the charges.

Require physicians to more regularly update their physician profiles which contain information such as educational background, practice area, and legal actions (which are available to the public at www.nydoctorprofile.com) by making these updates a condition of re-registration. Information about licensure actions is available through a link to the OPMC web site. The bill will require physicians to post in their offices an official OPMC poster containing information on how to access physician profiles and OPMC disciplinary actions.

Require physicians who have lost their right to practice medicine to take steps to safeguard and make accessible the medical records of their former patients.

Allow OPMC in certain circumstances to more easily obtain a physician’s own personal medical records if there is reason to believe that he or she may be impaired by alcohol, drugs, physical disability or mental disability.

Authorize the Board to require an objective, impartial evaluation of a physician’s competency when called into question.