Bill Text: NY A01142 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to give notice to patients of such proceedings and actions.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A01142 Detail]

Download: New_York-2019-A01142-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1142--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2019
                                       ___________

        Introduced  by M. of A. SIMOTAS, RIVERA -- read once and referred to the
          Committee on Health -- committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT to amend the public health law, in relation to patient notifica-
          tion regarding proceedings  for  medical  misconduct,  probation,  and
          actions for medical malpractice

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  230-e to read as follows:
     3    §  230-e.  Disciplinary proceedings and medical malpractice; notice to
     4  patients. 1. Any person who holds a license to practice medicine in this
     5  state pursuant to article one hundred thirty-one of  the  education  law
     6  who  either  (a) was the subject of a proceeding pursuant to section two
     7  hundred thirty of this title that resulted in the revocation, surrender,
     8  suspension or limitation of such license; (b) is currently  the  subject
     9  of  ongoing  proceedings  pursuant to section two hundred thirty of this
    10  title; (c) has been placed on probation by the  office  of  professional
    11  medical  conduct; (d) has received discipline from the office of profes-
    12  sional medical conduct that did not result in the revocation, surrender,
    13  suspension or limitation of such license; or (e) received a  verdict  of
    14  guilty  or  entered into a settlement agreement in an action for medical
    15  malpractice; shall provide notification to such person's patients as set
    16  forth in subdivision two of this section.
    17    2. Any person subject to the provisions of  subdivision  one  of  this
    18  section shall:
    19    (a)  notify each patient of such person in writing by first class mail
    20  within thirty days of the revocation, surrender, suspension  or  limita-
    21  tion  of  the  license  to  practice  medicine, of the commencement of a
    22  proceeding pursuant to section two hundred  thirty  of  this  title,  of
    23  being placed on probation by the office of professional medical conduct,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01480-03-9
        A. 1142--A                          2

     1  or  of  receiving  discipline  from  the  office of professional medical
     2  conduct that did not result in the revocation, surrender, suspension  or
     3  limitation  of  the  license  to  practice  medicine  or the date of the
     4  verdict of guilty or settlement agreement in an action for medical malp-
     5  ractice.  Upon  completion  of such mailing, such person shall file with
     6  the commissioner a sworn statement that  such  mailing  was  made.  Such
     7  statement  shall  be  made  in a manner and form to be determined by the
     8  commissioner and contain information the commissioner deems appropriate;
     9  and
    10    (b) notify each new patient in writing prior to any consultation  with
    11  or provision of any services for such patient.
    12    3.  Any  person who holds a license to practice medicine in this state
    13  pursuant to article one hundred thirty-one of the education law  who  is
    14  subject  to  mandatory  supervision  as  a result of disciplinary action
    15  taken against them by the office of professional medical conduct,  shall
    16  disclose  to  all patients that they are subject to such supervision due
    17  to such disciplinary action.
    18    § 2. This act shall take effect on the thirtieth day  after  it  shall
    19  have become a law.