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Senate Bill S914

2009-2010 Legislative Session

Requires physicians suing with respect to disciplinary proceedings to bond cost of successful defense and requires hospitals to include risk management

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S914 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง230 & 2805-j, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S2561

2009-S914 (ACTIVE) - Summary

Provides that in any case where a physician institutes a civil proceeding as a result of a disciplinary proceeding brought against such physician or dismissal from a hospital or other health care facility, he shall give an undertaking in an amount fixed by the court to pay the defendant all costs and damages, including reasonable attorney's fees, which may be sustained if the defendant recovers judgment or if it is finally decided that the plaintiff was not entitled to relief; provides that as part of its malpractice prevention program the commissioner of health shall incorporate risk management curricula, the purpose of which shall be to reduce the incidence of medical and dental malpractice; provides that such curricula shall include department sponsored seminars, the publication of bulletins and other written materials and on-site risk management evaluation and assistance.

2009-S914 (ACTIVE) - Sponsor Memo

2009-S914 (ACTIVE) - Bill Text download pdf 

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

                                   914

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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  requiring  physi-
  cians  to  post a bond as a condition to certain civil proceedings and
  to provide for a risk management program for physicians

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

  Section 1. Section 230 of the public health law is amended by adding a
new subdivision 16-a to read as follows:
  16-A.  CIVIL  PROCEEDINGS;  BOND. IN ANY CASE WHERE A PHYSICIAN INSTI-
TUTES A CIVIL PROCEEDING, THE BASIS OF WHICH IS A DISCIPLINARY  PROCEED-
ING BROUGHT AGAINST SUCH PHYSICIAN PURSUANT TO THIS SECTION OR DISMISSAL
FROM  A  HOSPITAL OR OTHER HEALTH CARE FACILITY, HE SHALL GIVE AN UNDER-
TAKING IN A TOTAL AMOUNT FIXED BY THE COURT,  BUT  NOT  LESS  THAN  FIVE
HUNDRED  DOLLARS,  TO PAY THE DEFENDANT ALL COSTS AND DAMAGES, INCLUDING
REASONABLE ATTORNEY'S FEES, WHICH MAY  BE  SUSTAINED  IF  THE  DEFENDANT
RECOVERS JUDGMENT OR IF IT IS FINALLY DECIDED THAT THE PLAINTIFF WAS NOT
ENTITLED TO RELIEF.
  S  2.  Section  2805-j of the public health law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. AS PART OF SUCH MALPRACTICE PREVENTION PROGRAM  THE  COMMISSIONER
SHALL  INCORPORATE RISK MANAGEMENT CURRICULA, THE PURPOSE OF WHICH SHALL
BE TO REDUCE THE INCIDENCE  OF  MEDICAL  AND  DENTAL  MALPRACTICE.  SUCH
CURRICULA  SHALL  INCLUDE DEPARTMENT SPONSORED SEMINARS, THE PUBLICATION
OF BULLETINS AND OTHER WRITTEN MATERIALS  AND  ON-SITE  RISK  MANAGEMENT
EVALUATION AND ASSISTANCE.
  S  3.  This  act shall take effect immediately provided, however, that
section one of this act shall only apply to civil proceedings  commenced
on and after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06485-01-9

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