N.Y. PBH Law § 2998-E

§ 2998-e. Reporting in office based surgery. 1. The commissioner may\nenter into agreements with accrediting agencies to require all\noffice-based surgical practices to conduct quality improvement and\nquality assurance activities and utilize certification by an appropriate\ncertifying organization, hospital privileging or other equivalent\nmethods to determine competency of practitioners to perform office-based\nsurgery, carry out surveys or complaint/incident investigations and\nshall report, at a minimum, findings of surveys and complaint/incident\ninvestigations, and data for all office-based surgical practices\naccredited by the accrediting agencies to the department. The department\nmay disclose reports of aggregate data to the public.\n 2. The information required to be collected, maintained and reported\ndirectly to the department and the accrediting agencies and maintained\nby office-based surgery practices under adverse event reporting, quality\nimprovement and quality assurance activities pursuant to section two\nhundred thirty-d of this chapter shall be kept confidential and shall\nnot be released, except to the department and except as required or\npermitted under subdivision nine-a and subparagraph (v) of paragraph (a)\nof subdivision ten of section two hundred thirty of this chapter.\nNotwithstanding any other provision of law, none of the information\ncollected, maintained and reported to the department or the accrediting\nagencies, and maintained by the office-based surgery practices under\nadverse event reporting, quality improvement and quality assurance\nactivities pursuant to this section shall be subject to disclosure under\narticle six of the public officers law or article thirty-one of the\ncivil practice law and rules.\n 3. The commissioner shall make, adopt, promulgate and enforce such\nrules and regulations, as he or she may deem appropriate, to effectuate\nthe purposes of this section. Where any rule or regulation under this\nsection would affect the scope of practice of a health care practitioner\nlicensed, registered or certified under title eight of the education law\nother than those licensed under articles one hundred thirty-one or one\nhundred thirty-one-B of the education law, the rule or regulation shall\nbe made with the concurrence of the commissioner of education.\n