Section 2998-E. Reporting of adverse events in office based surgery

1. The
  commissioner shall  enter  into  agreements  with  accrediting  agencies
  pursuant  to  which the accrediting agencies shall report, at a minimum,
  aggregate data on adverse events for all office-based surgical practices
  accredited by the accrediting agencies to the department. The department
  may disclose reports of aggregate data to the public.
    2. The information required to be collected, maintained  and  reported
  directly  to  the department pursuant to section two hundred thirty-d of
  this chapter shall be kept  confidential  and  shall  not  be  released,
  except  to  the  department  and  except  as required or permitted under
  subdivision nine-a and subparagraph (v) of paragraph (a) of  subdivision
  ten  of  section two hundred thirty of this chapter. Notwithstanding any
  other provision of law, none of such information  shall  be  subject  to
  disclosure  under  article  six  of  the  public officers law or article
  thirty-one of the civil practice law and rules.
    3. The commissioner shall make, adopt,  promulgate  and  enforce  such
  rules  and regulations, as he or she may deem appropriate, to effectuate
  the purposes of this section. Where any rule or  regulation  under  this
  section would affect the scope of practice of a health care practitioner
  licensed, registered or certified under title eight of the education law
  other  than  those licensed under articles one hundred thirty-one or one
  hundred thirty-one-B of the education law, the rule or regulation  shall
  be made with the concurrence of the commissioner of education.