senate Bill S6069

Amended

Requires notification that all physician information on the department of health's website may not be all-inclusive or up-to-date

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 29 / Feb / 2012
    • 1ST REPORT CAL.238
  • 01 / Mar / 2012
    • 2ND REPORT CAL.
  • 05 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 14 / Mar / 2012
    • AMENDED ON THIRD READING 6069A
  • 25 / Apr / 2012
    • SUBSTITUTED BY A8414A
  • 04 / Jun / 2012
    • SUBSTITUTION RECONSIDERED
  • 04 / Jun / 2012
    • RESTORED TO THIRD READING
  • 05 / Jun / 2012
    • AMENDED ON THIRD READING 6069B
  • 19 / Jun / 2012
    • SUBSTITUTED BY A8414B

Summary

Requires notification on the department of health's website that all physician information may not be all-inclusive or up-to-date; requires an active link to the website maintained by the unified court system containing information on active and disposed cases in the local and state courts in the state.

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Bill Details

Versions:
S6069
S6069A
S6069B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd ยง2995-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
A8414B

Votes

14
0
14
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S6069

TITLE OF BILL:
An act
to amend the public health law, in relation to notification
that all physician information on the department of health's website
may not be all-inclusive or up-to-date

PURPOSE:
The purpose of this bill is to ensure that the users of the
department of health physician profiles website are able to easily
view disclaimers stating that the information on the site is not
guaranteed to be up-to-date or accurate. Further, it requires the
department of health to include a link to the website maintained by
the unified court system so that users can search potential
physicians on that site as well.

SUMMARY OF PROVISIONS:
Section one amends subdivision 15 of section
2595-a of the public health law by adding subdivision (a) requiring
the department of health Ln include in their standard disclaimer a
statement encouraging users of the physician profile website to
utilize multiple sources when researching a physician. Further, it
adds a statement indicating that the information provided on the
website may not be accurate or up-to-date. The complete disclaimer
shall be visible on each page of the physician profile. Section one
also adds subdivision (b), requiring the department to include a link
to the unified court system website where court records are maintained.

Section two defines the effective date as sixty days following the
enactment date.

JUSTIFICATION:
The physician profile website maintained by the
department of health allows users to research the qualifications of
physicians in order to select one that meets their needs. Currently,
the disclaimer required by statute on the physician profile is
weakly-worded and can only be viewed by clicking on a "disclaimer"
link.

This bill was written in response to a young woman who used the
physician profile website to select a surgeon to perform a
complicated lapband surgery. Tragically, the young woman died from
complications shortly after the surgery. After her death, it was
discovered that the information provided on the physician profile was
incomplete.

The bill strengthens the language of the physician profile disclaimer
to include a statement that the information on the website may not be
accurate, complete, or up-to-date. It also adds language encouraging
users to utilize various sources when researching a physician. The
bill requires that the full text of the disclaimer be visible on each
page of the physician profile. Finally, the bill requires that the
department
maintain a link to the online unified court system database where
users can research any cases of medical malpractice involving the


physician. These changes will ensure that users are aware of the
risks of basing their physician selection decision solely on the
information provided in the physician profile maintained by the
department of health.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6069

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to notification  that
  all  physician  information  on the department of health's website may
  not be all-inclusive or up-to-date

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 15 of section 2995-a of the public health law,
as added by chapter 542 of the laws of  2000,  is  amended  to  read  as
follows:
  15.  (A)  All  physician data disseminated shall include the following
[statement] STATEMENTS: "THE DATA COLLECTED BY THE DEPARTMENT  IS  ACCU-
RATE TO THE BEST OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFOR-
MATION  SUPPLIED BY THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA.  WHILE
THE DEPARTMENT UTILIZES A VARIETY OF SOURCES OF INFORMATION IN  CHECKING
THE  ACCURACY  OF  THE  DATA REPORTED, WE CANNOT BE SURE THAT ALL OF THE
INFORMATION ON THIS WEBSITE  IS  RIGHT,  COMPLETE,  OR  UP-TO-DATE,  AND
CANNOT BE RESPONSIBLE FOR ANY INFORMATION THAT IS WRONG OR HAS BEEN LEFT
OUT.  CONSUMERS  ARE  ENCOURAGED  TO  CONSULT OTHER SOURCES TO VERIFY OR
OBTAIN ADDITIONAL  INFORMATION  ABOUT  A  PHYSICIAN,  INCLUDING  ACTIONS
AGAINST  A  PHYSICIAN." THE COMMISSIONER SHALL ENSURE THAT THE FULL TEXT
OF THE STATEMENTS APPEAR ON EACH WEB PAGE OF THE PHYSICIAN PROFILE IN  A
MANNER THAT DOES NOT REQUIRE THE USER OF THE SITE TO CLICK ON A SEPARATE
LINK IN ORDER TO VIEW THE STATEMENTS.
  (B)  THE  DEPARTMENT SHALL PROVIDE ON THE PHYSICIAN PROFILES AN ACTIVE
LINK TO THE WEBSITE MAINTAINED BY THE UNIFIED  COURT  SYSTEM  CONTAINING
INFORMATION  ON  ACTIVE AND DISPOSED CASES IN THE LOCAL AND STATE COURTS
IN THE STATE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11951-01-1

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