New York Law Requires Physicians to Immediately Post OPMC Signage

On October 7, 2020, New York Governor Cuomo signed into law a new requirement that “all physicians’ practice settings” must post conspicuous signage directing patients to the New York Office for Professional Medical Conduct’s (OPMC) website for information about patient rights and reporting professional misconduct.

In particular, New York Public Health Law Sec. 230 (11) was amended to add a new paragraph (h) that states in pertinent part:

All physicians’ practice settings shall conspicuously post signage, visible to their patients, directing such patients to the office of professional medical conduct’s website for information about their rights and how to report professional misconduct.

As detailed above, this provision is specific to physicians.  The law requires that the signage be posted conspicuously and be visible to all patients.  In order to be conspicuous and visible, physicians may consider posting the signage in areas such as waiting rooms, check-in/out windows, and treatment areas.

Please note that the law does not specify the language that must be included on the signage. Rather, the law only requires that patients be directed to the OPMC website for information regarding patient rights and reporting instances of professional misconduct.  The Medical Society for the State of New York (MSSNY) has promulgated suggested language for physician practices to use to comply with the new law. The MSSNY template language may be accessed here.

All physicians are advised to immediately post the signage in their practice settings as professional misconduct, subjecting a physician to a range of penalties, includes a willful violation of New York Public Health Law Sec. 230 (11).  See New York Education Law Sec. 6530 (13).

For any questions regarding the new OPMC signage requirements, please contact Carey Kalmowitz, Esq. at ckalmowitz@thehlp.com, or Partners@thehlp.com, or call (212) 734-0128 or (248) 996-8510.