|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to health|
|Apr 05, 2011||referred to health|
senate Bill S4424
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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:
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
BILL NUMBER:S4424 TITLE OF BILL: An act to amend the public health law, the insurance law, and the criminal procedure law, in relation to requiring the reporting of medical malpractice to the office of professional medical conduct PURPOSE OR GENERAL IDEA OF BILL: To more effectively hold medical professionals accountable for egregious repetitive occurrences of unsafe, reckless, harmful, and non-professional actions and to allow for accountability in the medical profession for criminal behavior; to facilitate earlier detection of patterns of unacceptable behavior by certain medical professionals. SUMMARY OF SPECIFIC PROVISIONS: Adds new subsection 9-b to §230 of the Public Health Law to require the Office of Professional Medical Conduct (OPMC) to initiate professional misconduct proceedings against any physician who has accrued three reports within a 5-year period, including reports already required to be made to the OPMC in the New York Codes Rules and Regulations.
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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