| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 03, 2010 |
referred to higher education |
Senate Bill S7692
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Higher Education Committee
Actions
2009-S7692 (ACTIVE) - Details
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd ยง6530, Ed L
2009-S7692 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7692
TITLE OF BILL :
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
PURPOSE :
The purpose of the bill is to ensure expert witness testimony is true
and with reasonable medical foundation by accepted peer-reviewed
science-based medical research.
SUMMARY OF PROVISIONS :
Section 1. Section 6530 of the education law is amended by adding a
new subdivision 50 that creates a new element of professional
misconduct for providing medical expert witness testimony that is
without reasonable medical foundation.
Section 2. Establish an effective date of ninety days from when the
bill is signed into law.
JUSTIFICATION :
Many verdicts regarding medical malpractice in the United States are
made by judges or juries. Because most jurors are not educated in
medicine, courts depend on expert witnesses to help them understand
and decide complex cases. To protect the rights of injured patients
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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.