Part 93 - Improper Practices in Hospital Staff Appointments and Extension of Professional Privileges

Effective Date: 
Wednesday, July 8, 1992
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 2801-b

Section 93.1 - Filing of complaint

Section 93.1 Filing of complaint.

(a) A person claiming to be aggrieved by an improper practice as defined in subdivision 1 of section 2801-b of the Public Health Law may, by himself/herself or his/her attorney, file with the Public Health Council a written complaint which satisfies all of the requirements set forth in section 93.2 of this Part. The complaint must be signed and verified by the complainant personally, or by his/her attorney if the material allegations of the complaint are within the attorney's personal knowledge.

(b) At the time such complaint is filed with the Public Health Council, a copy of the entire complaint, including all attachments and related exhibits, must be filed with the hospital alleged to have committed the improper practice.

(c) An affirmation by the complainant stating that he or she has provided the hospital with a copy of the entire complaint must accompany the complaint being filed with the Public Health Council.
 

Effective Date: 
Wednesday, July 8, 1992
Doc Status: 
Complete

Section 93.2 - Contents of complaint

93.2 Contents of complaint. The complaint shall set forth:

(a) the name and address of the complainant;

(b) his or her professional qualifications;

(c) the name and address of the hospital whose governing body is alleged to have committed the improper practice identified in the complaint;

(d) the staff appointment or professional privileges which are the subject of the complaint; and

(e) a detailed statement of the alleged improper practice.
 

Effective Date: 
Wednesday, July 8, 1992
Doc Status: 
Complete

Section 93.3 - Investigation

93.3 Investigation.

After receipt of any such complaint, the Public Health Council shall promptly initiate an investigation of the complaint. The Public Health Council will send notice to the hospital that it will conduct an investigation in connection with such complaint. The Council may dismiss a complaint, or a portion of a complaint that raises issues which do not fall within the scope of section 2801-b of the Public Health Law. In such instance, the Public Health Council shall notify the complainant and hospital of the reasons for such dismissal.
 

Effective Date: 
Wednesday, July 8, 1992
Doc Status: 
Complete

Section 93.4 - Response by the hospital

93.4 Response by the hospital.

(a) The hospital shall provide the Public Health Council with a response to the complaint no later than 30 days from receipt of the notice sent to the hospital by the Public Health Council.

(b) At the time the hospital response is filed with the Public Health Council, the hospital must also provide the complainant with a complete copy of the hospital response.

(c) An affirmation by the hospital, stating that the hospital has provided the complainant with a copy of the entire hospital response, must accompany the information transmitted to the Public Health Council.

(d) Further information may be provided by the complainant and/or the hospital only upon the request or with the permission of the Public Health Council. If such information is provided, a copy shall be sent by the party providing the information to the opposing party.

(e) The hospital shall treat its responses to the complaint as confidential.
 

Effective Date: 
Wednesday, July 8, 1992
Doc Status: 
Complete

Section 93.5 - Action by the Public Health Council

93.5 Action by the Public Health Council.

(a) If the Public Health Council shall determine, after investigation, that cause exists for crediting the allegations of the complaint, the Public Health Council shall promptly advise the complainant and the governing body of the hospital, against which the complaint was made, of its findings including the reasons for crediting the allegations of the complaint and direct the governing body of the hospital to review its actions.

(b) If the Public Health Council shall determine after investigation, that cause does not exist for crediting the allegations of the complaint, the Public Health Council shall promptly notify the complainant and the governing body of the hospital against which the complaint was made of its findings including the reasons for not crediting the allegations of the complaint.
 

Effective Date: 
Wednesday, July 8, 1992
Doc Status: 
Complete