Senate Bill S7692

2009-2010 Legislative Session

Establishes a new element for professional misconduct for providing expert witness testimony without reasonable medical foundation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S7692 (ACTIVE) - Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยง6530, Ed L

2009-S7692 (ACTIVE) - Summary

Establishes new element for professional misconduct for providing expert witness testimony without reasonable medical foundation.

2009-S7692 (ACTIVE) - Sponsor Memo

2009-S7692 (ACTIVE) - Bill Text download pdf 

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

                                  7692

                            I N  S E N A T E

                               May 3, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation  to  establishing  a  new
  element  for  professional  misconduct  for  providing  expert witness
  testimony that is false or without reasonable medical foundation

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

  Section  1.  Section  6530 of the education law is amended by adding a
new subdivision 50 to read as follows:
  50. PROVIDING EXPERT MEDICAL TESTIMONY THAT  IS  FALSE  OR  COMPLETELY
WITHOUT  REASONABLE MEDICAL FOUNDATION IN ANY ACTION FOR INJURY OR DEATH
ARISING OUT OF THE PROVISION  OF  OR  FAILURE  TO  PROVIDE  HEALTH  CARE
SERVICES. AS USED IN THIS SUBDIVISION, TESTIMONY MAY BE CONSIDERED FALSE
OR  COMPLETELY  WITHOUT  REASONABLE MEDICAL FOUNDATION IF IT WAS WITHOUT
FOUNDATION IN ACCEPTED PEER REVIEWED SCIENCE-BASED MEDICAL RESEARCH.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16807-01-0

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