NEW YORK STATE ASSEMBLY

OFFICE OF ASSEMBLYMEMBER ARAVELLA SIMOTAS

For Immediate Release

May 28, 2019
Contact: Nichole Rondon, 718-545-3889

ASSEMBLYMEMBER ARAVELLA SIMOTAS INTRODUCES LEGISLATION TO

COMBAT SEXUAL ABUSE BY MEDICAL PROFESSIONALS
Bills will establish background check requirements for medical licenses, publicize
information on the reporting process, and mandate disclosure of professional
misconduct and malpractice allegations.

Assemblymember Aravella Simotas is introducing a series of measures to address sexual

misconduct in health care settings. The legislation was inspired by the testimony of advocate
Marissa Hoechstetter at Friday’s joint legislative hearing on sexual harassment. Hoechstetter was
one of over twenty survivors who reported being sexually assaulted by former gynecologist
Robert Hadden. Since coming forward, she has fought to reform the systems that enabled this
serial predator to retain access to patients for more than two decades.

The first bill proposed by Simotas will mandate that all medical professionals pass background
checks as a condition of initial licensure. New York is currently one of just six states without this
requirement, which Hoechstetter testified could make the state attractive to doctors with criminal
histories. The bill also requires that physicians who were licensed in other states undergo
background checks including review of any past actions for professional misconduct.

“When the state fails to do its due diligence to ensure individuals seeking medical licenses are fit
to provide care, it jeopardizes patient safety and endangers public health,” Simotas said. “As
we’ve seen, patients are extremely vulnerable to sexual abuse from their doctors and we must
make every effort to prevent these abhorrent violations. This commonsense legislation will
protect patients by ensuring that doctors with histories of violence, negligence and misconduct
are not authorized to practice in New York.”

The second bill directs the Office of Professional Medical Conduct to publicize information on
their website explaining the rights and reporting options available to patients who have been
subjected to sexual misconduct at the hands of a health care provider. Currently, the website does
not offer any guidance for patients who have experienced sexual harassment or assault and never
explicitly mentions the office’s role in receiving these types of complaints. Additionally, the bill
requires doctor’s offices to post signage promoting the Office of Professional Medical Conduct’s
website to make patients aware that this resource exists.

“A major issue that emerged from Marissa’s story was how incredibly difficult it is for someone
who has been sexually abused by their doctor to navigate our reporting systems,” Simotas said.
“It is crucial that we make information on the Office of Professional Medical Conduct’s
complaint procedures clear and accessible to all patients.”

The third bill requires that doctors provide written notice to their patients if they are subject to
ongoing proceedings, placed on probation or disciplined by the Office of Professional Medical
Conduct; have been subject to the revocation, surrender, suspension or limitation of their medical
license; or have been found guilty or entered into a settlement agreement for a medical
malpractice claim. Additionally, the bill requires these doctors to notify any new patients of these
events before providing a consultation or beginning treatment.

“It is unconscionable that patients are continually exposed to abusive doctors without any
knowledge of past complaints against them,” Simotas said. “This legislation will create greater
transparency and safeguard patients from physicians who have been reported for misconduct or
negligence. I am incredibly grateful to Marissa for so courageously sharing her story and
illuminating the need to strengthen these patient protections and combat sexual violence in our
health care system.”

Hoechstetter said: "As a survivor of sexual assault by my OB/GYN while I was pregnant, this
package of bills represents a huge step forward towards ensuring that what happened to me won't
happen to other patients. For over 20 years, my abuser retained his privileged position as a way
to gain access to women's bodies for sexual gratification. By using direct language about sexual
harassment and sexual assault, by clearly promoting where to report these crimes, and by
conducting background checks, New York will unequivocally tell physicians that those who
abuse their unique position do not deserve protection. And, with more information about a
doctors' disciplinary history publicly available, we will be able to make informed choices about
our providers. I am grateful to Assemblymember Simotas and her colleagues for their
commitment to ensuring that healthcare employees and patients, particularly the most vulnerable
among us, are not needlessly and repeatedly exposed to sexual harassment and assault."

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