Last summer, the New York Assembly and Senate passed bills that would safeguard the due process rights of physicians targeted by the Office of Professional Medical Conduct (OPMC), the agency in the New York State Health Department that investigates doctors for alleged substandard practice.

As of this writing, these bills have not been submitted to Governor George Pataki for his signature, the last step before they become law. Once they reach Governor Pataki's desk, he will have ten days to sign or reject them. The bills must be submitted before the close of 2004, or they will die, requiring reintroduction and passage during the 2005 legislative session. Negotiations are ongoing between supporters, opponents, and the Governor's office, and I'll report on the final disposal of the OPMC reform legislation.

Due process reform of the OPMC has been an issue of public concern in the Legislature prior to January 2002, when three committees of the Assembly conducted an all-day hearing on the fairness of the OPMC's proceedings against physicians. (See my report in the April 2002 issue.)

Subsequently, the Assembly unanimously passed an OPMC bill based on complaints heard at the 2002 hearing, but companion legislation in the Senate stalled. Kemp Hannon, Chair of the Senate Health Committee, objected to certain provisions, frustrating OPMC reform during that legislative session. (See my report in the October 2002 issue.)