Bill Text: NY A04858 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires licensed health care professionals and hospitals to make available to patients and prospective patients a printed copy of any medical malpractice convictions or information; provides civil and criminal penalties for failure to comply.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A04858 Detail]

Download: New_York-2019-A04858-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4858
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by M. of A. TITUS, BENEDETTO, ORTIZ -- Multi-Sponsored by --
          M. of A.  COLTON -- read once and referred to the Committee on Health
        AN ACT to amend the public health law, in relation to a patient's  right
          to know
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 18-a of the public health law is amended by  adding
     2  a new subdivision 3 to read as follows:
     3    3.  (a)  Notwithstanding  any other provision of law, each health care
     4  professional licensed, registered or certified pursuant to  title  eight
     5  of  the education law shall make available a printed copy of any medical
     6  malpractice convictions. The information shall be  placed  in  a  common
     7  area and must be readily available to patients and prospective patients.
     8  This  information will only be required for any such health care profes-
     9  sional who has been convicted of one or more instances of medical  malp-
    10  ractice.  The information on such convictions will be furnished from the
    11  websites of the New York state department of health's office of  profes-
    12  sional  medical  conduct,  the state education department, and any other
    13  reporting agency.
    14    (b) Any individual who violates, disobeys or disregards the provisions
    15  of paragraph (a) of this subdivision shall be guilty  of  a  misdemeanor
    16  and  subject  to  a  civil  penalty  of five hundred dollars for a first
    17  violation and a civil penalty of one thousand dollars for any subsequent
    18  violation.
    19    § 2. The public health law is amended by adding a new  section  2801-h
    20  to read as follows:
    21    §  2801-h.  Patient's right to know. 1. The commissioner shall require
    22  all general hospitals, and other facilities approved  pursuant  to  this
    23  article,  to  make  available  a  printed  copy  of  medical malpractice
    24  convictions and/or information about those placed on probation  for  all
    25  health  care practitioners performing any type of treatment or consulta-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07740-01-9

        A. 4858                             2
     1  tion in such hospital or facility. This information shall be placed in a
     2  common area of such hospital or facility and shall be readily  available
     3  to   patients   and   prospective  patients.  The  information  on  such
     4  convictions  and/or  probationary disciplinary actions will be furnished
     5  from the websites of the New York state department of health's office of
     6  professional medical conduct, the state education  department,  and  any
     7  other reporting agency.
     8    2. Any individual or facility who violates, disobeys or disregards the
     9  provisions  of  subdivision  one  of  this section shall be subject to a
    10  civil penalty of five hundred dollars for a first violation and a  civil
    11  penalty  of one thousand dollars for any subsequent violation. Any indi-
    12  vidual who violates, disobeys or disregards the provisions  of  subdivi-
    13  sion one of this section shall be guilty of a misdemeanor.
    14    §  3.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.
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