senate Bill S4424

2011-2012 Legislative Session

Provides for the reporting of medical malpractice to the office of professional medical conduct

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Apr 05, 2011 referred to health

S4424 - Details

Law Section:
Public Health Law
Laws Affected:
Amd §230, Pub Health L; amd §§315 & 4803, Ins L; add §180.90, amd §170.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S3670

S4424 - Summary

Provides for the reporting of medical malpractice to the office of professional medical conduct; requires the court to notify the office of professional misconduct and a physician's place or places of employment upon the filing of a felony complaint against a physician filed in this state; requires the court to notify the office of professional misconduct upon the filing of a misdemeanor complaint against a physician filed in this state.

S4424 - Sponsor Memo

S4424 - Bill Text download pdf

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

                                  4424

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

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

AN ACT to amend the public health law, the insurance law and the  crimi-
  nal  procedure  law, in relation to requiring the reporting of medical
  malpractice to the office of professional medical conduct

  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 9-b to read as follows:
  9-B. (A) AT ANY TIME, IF THE OFFICE OF  PROFESSIONAL  MEDICAL  CONDUCT
HAS  ACCRUED  A  TOTAL  OF  THREE REPORTS RELATING TO SEPARATE INCIDENTS
CONCERNING ONE LICENSEE PURSUANT TO PARAGRAPH THREE OF SUBSECTION (B) OF
SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW OR PARAGRAPH SEVEN OF
SUBSECTION (B) OF SECTION FOUR  THOUSAND  EIGHT  HUNDRED  THREE  OF  THE
INSURANCE  LAW,  SECTION 170.10 OR 180.90 OF THE CRIMINAL PROCEDURE LAW,
SECTION TWENTY-EIGHT HUNDRED THREE-E OF THIS CHAPTER, AS ADDED BY  CHAP-
TER  EIGHT  HUNDRED  SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY OR
SECTION FORTY-FOUR HUNDRED FIVE-B OF THIS CHAPTER, IN ANY  FIVE  CONSEC-
UTIVE YEARS, THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL COMMENCE A
PROFESSIONAL  MISCONDUCT INVESTIGATION, AS SET OUT IN SUBDIVISION TEN OF
THIS SECTION, AGAINST SUCH LICENSEE. NOTHING IN THIS  SUBDIVISION  SHALL
PRECLUDE  THE  OFFICE  OF PROFESSIONAL MEDICAL CONDUCT FROM COMMENCING A
PROFESSIONAL MISCONDUCT INVESTIGATION AGAINST A  LICENSEE  AT  ANY  TIME
PRIOR TO THE RECEIPT OF THREE SUCH REPORTS IN FIVE YEARS.
  (B)  AT  ANY  TIME,  IF THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT HAS
ACCRUED A TOTAL OF FIVE REPORTS RELATING TO SEPARATE INCIDENTS  CONCERN-
ING ONE LICENSEE PURSUANT TO PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION
THREE  HUNDRED  FIFTEEN  OF  THE INSURANCE LAW OR UNDER PARAGRAPH (A) OF
THIS SUBDIVISION IN ANY TWO CONSECUTIVE YEARS,  THE  OFFICE  OF  PROFES-
SIONAL MEDICAL CONDUCT SHALL COMMENCE A PROFESSIONAL MISCONDUCT INVESTI-
GATION,  AS  SET  OUT  IN  SUBDIVISION TEN OF THIS SECTION, AGAINST SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10563-01-1

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