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Psychologist Due Process Hospital Privileges

November 20, 2008

Subject:
RE: Psychologist Due Process Hospital Privileges
I am writing to you as a member the New York State Psychological Association (NYSPA) which is a professional association representing over 3,000 psychologists in New York State and an affiliate of the New York State United Teachers (NYSUT). As such, I am seeking your support on legislation (A.6340/S.4644) which provides psychologists due process in the event of denial by hospitals of license appropriate privileges and/or medical staff membership. Currently, psychologists are not included among the health practitioners who are afforded such rights.

Historically, the section of the Public Health Law (§ 2801-b) which provides the aforementioned protections to certain health practitioners (namely, physicians, dentists, podiatrists and optometrists) was established to prohibit hospitals from engaging in improper and discriminatory practices with respect to hospital staff appointments and the extension of license appropriate professional privileges to certain health care practitioners. This legislation would add psychologists to those practitioners noted above and to, thus, be afforded the same due process protections. In addition, the legislation would make failure of a hospital to act upon the application for staff membership or professional privilege by a psychologist without stating the reasons for denial an improper practice. Should the reasons for denial be unrelated to standards of patients care, patient welfare, the objectives of the institution or the character or competency of the psychologists applying for the privileges would also be considered an improper practice.

A recently enacted scope of practice law recognizes that psychologists independently diagnose and treat mental illness. NY State Health Department regulations (10 NYCRR) allow hospitals to grant staff membership and professional privileges (Section 407.8a; 407.1f), to “any licensed independent practitioner” and this is consistent with current Joint Commission on Accreditation of Healthcare Organizations (JCAHO) policy. The only implication and outcome of this amendment is to give nothing more to psychologists beyond the constraints of the laws and regulations that currently govern their practice, when expecting appropriate recognition of their professional status from hospitals.

The kinds of concerns that prompted the professions currently covered by PHL 2801-b to seek its protections, should also be seen as applicable to, and the reasonable right, of psychologists. They certainly deserve the same protections as the other professionals noted in PHL 2801-b and for the same reasons. Hospitals should be expected to apply their policies equitably to all health practitioners, consistent with current law, regulation and ethical professional practice.

This is an issue that is very important to NYSPA and I hope I can we count on you to support towards our legislative ends.
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