NY State Senate Bill 2011-S6069

Senate Bill S6069

Signed By Governor

2011-2012 Legislative Session

Requires notification that all physician information on the department of health's website may not be all-inclusive or up-to-date

download bill text pdf

Archive: Last Bill Status Via A8414 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 01, 2012	signed chap.280
Jul 20, 2012	delivered to governor
Jun 19, 2012	returned to assembly passed senate 3rd reading cal.238 substituted for s6069b
Jun 11, 2012	committed to rules returned to senate repassed assembly
Jun 04, 2012	amended on third reading 8414b
Jun 04, 2012	vote reconsidered - restored to third reading returned to assembly recommitted to health substitution reconsidered recalled from senate
Apr 25, 2012	3rd reading cal.238 substituted for s6069a
Jun 19, 2012	substituted by a8414b
Jun 05, 2012	amended on third reading 6069b
Jun 04, 2012	restored to third reading substitution reconsidered
Apr 25, 2012	substituted by a8414a
Mar 14, 2012	amended on third reading 6069a
Mar 05, 2012	advanced to third reading
Mar 01, 2012	2nd report cal.
Feb 29, 2012	1st report cal.238
Jan 04, 2012	referred to health

Votes

- Jun 19, 2012 - Floor Vote
  A8414
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley
  Feb 29, 2012 - Health Committee Vote
  S6069
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 29, 2012
      
      aye (14)
      
      Ball
      
      Farley
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      Duane
      
      Peralta
      
      excused (1)
      
      Adams

Bill Amendments

Original

B (Active)

2011-S6069 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2995-a, Pub Health L

2011-S6069 - Summary

Requires notification on the department of health's website that all physician information may not be all-inclusive or up-to-date; requires an active link to the website maintained by the unified court system containing information on active and disposed cases in the local and state courts in the state.

2011-S6069 - Sponsor Memo

                                BILL NUMBER:S6069

TITLE OF BILL:
An act
to amend the public health law, in relation to notification
that all physician information on the department of health's website
may not be all-inclusive or up-to-date

PURPOSE:
The purpose of this bill is to ensure that the users of the
department of health physician profiles website are able to easily
view disclaimers stating that the information on the site is not
guaranteed to be up-to-date or accurate. Further, it requires the
department of health to include a link to the website maintained by
the unified court system so that users can search potential
physicians on that site as well.

SUMMARY OF PROVISIONS:
Section one amends subdivision 15 of section
2595-a of the public health law by adding subdivision (a) requiring
the department of health Ln include in their standard disclaimer a
statement encouraging users of the physician profile website to
utilize multiple sources when researching a physician. Further, it
adds a statement indicating that the information provided on the
website may not be accurate or up-to-date. The complete disclaimer
shall be visible on each page of the physician profile. Section one

also adds subdivision (b), requiring the department to include a link
to the unified court system website where court records are maintained.

Section two defines the effective date as sixty days following the
enactment date.

JUSTIFICATION:
The physician profile website maintained by the
department of health allows users to research the qualifications of
physicians in order to select one that meets their needs. Currently,
the disclaimer required by statute on the physician profile is
weakly-worded and can only be viewed by clicking on a "disclaimer"
link.

This bill was written in response to a young woman who used the
physician profile website to select a surgeon to perform a
complicated lapband surgery. Tragically, the young woman died from
complications shortly after the surgery. After her death, it was
discovered that the information provided on the physician profile was
incomplete.

The bill strengthens the language of the physician profile disclaimer
to include a statement that the information on the website may not be
accurate, complete, or up-to-date. It also adds language encouraging
users to utilize various sources when researching a physician. The
bill requires that the full text of the disclaimer be visible on each
page of the physician profile. Finally, the bill requires that the
department
maintain a link to the online unified court system database where
users can research any cases of medical malpractice involving the


physician. These changes will ensure that users are aware of the
risks of basing their physician selection decision solely on the
information provided in the physician profile maintained by the
department of health.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
 None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it shall have become a law.

2011-S6069 - Bill Text download pdf

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

                                  6069

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- 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 notification  that
  all  physician  information  on the department of health's website may
  not be all-inclusive or up-to-date

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

  Section  1. Subdivision 15 of section 2995-a of the public health law,
as added by chapter 542 of the laws of  2000,  is  amended  to  read  as
follows:
  15.  (A)  All  physician data disseminated shall include the following
[statement] STATEMENTS: "THE DATA COLLECTED BY THE DEPARTMENT  IS  ACCU-
RATE TO THE BEST OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFOR-
MATION  SUPPLIED BY THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA.  WHILE
THE DEPARTMENT UTILIZES A VARIETY OF SOURCES OF INFORMATION IN  CHECKING
THE  ACCURACY  OF  THE  DATA REPORTED, WE CANNOT BE SURE THAT ALL OF THE
INFORMATION ON THIS WEBSITE  IS  RIGHT,  COMPLETE,  OR  UP-TO-DATE,  AND
CANNOT BE RESPONSIBLE FOR ANY INFORMATION THAT IS WRONG OR HAS BEEN LEFT
OUT.  CONSUMERS  ARE  ENCOURAGED  TO  CONSULT OTHER SOURCES TO VERIFY OR
OBTAIN ADDITIONAL  INFORMATION  ABOUT  A  PHYSICIAN,  INCLUDING  ACTIONS
AGAINST  A  PHYSICIAN." THE COMMISSIONER SHALL ENSURE THAT THE FULL TEXT
OF THE STATEMENTS APPEAR ON EACH WEB PAGE OF THE PHYSICIAN PROFILE IN  A
MANNER THAT DOES NOT REQUIRE THE USER OF THE SITE TO CLICK ON A SEPARATE
LINK IN ORDER TO VIEW THE STATEMENTS.
  (B)  THE  DEPARTMENT SHALL PROVIDE ON THE PHYSICIAN PROFILES AN ACTIVE
LINK TO THE WEBSITE MAINTAINED BY THE UNIFIED  COURT  SYSTEM  CONTAINING
INFORMATION  ON  ACTIVE AND DISPOSED CASES IN THE LOCAL AND STATE COURTS
IN THE STATE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11951-01-1

2011-S6069A - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2995-a, Pub Health L

2011-S6069A - Summary

2011-S6069A - Sponsor Memo

                                BILL NUMBER:S6069A

TITLE OF BILL:

An act
to amend the public health law, in relation to notification
that all physician information on the department of health's website
may not be all-inclusive or up-to-date

PURPOSE:

The purpose of this bill is to ensure that the users of the department
of health physician profiles website are able to easily view
disclaimers stating that the information on the site is not
guaranteed to be up-to-date or accurate. Further, it requires the
department of health to include a link to the website maintained by
the unified court system so that users can search potential
physicians on that site as well.

SUMMARY OF PROVISIONS:

Section one amends subdivision 15 of section 2595-a of the public
health law by adding subdivision (a) requiring the department of
health Ln include in their standard disclaimer a statement
encouraging users of the physician profile website to utilize
multiple sources when researching a physician. Further, it adds a

statement indicating that the information provided on the website may
not be accurate or up-to-date. The complete disclaimer shall be
visible on each page of the physician profile. Section one also adds
subdivision (b), requiring the department to include a link to the
unified court system website where court records are maintained.

Section two defines the effective date as sixty days following the
enactment date.

JUSTIFICATION:

The physician profile website maintained by the department of health
allows users to research the qualifications of physicians in order to
select one that meets their needs. Currently, the disclaimer required
by statute on the physician profile is weakly-worded and can only be
viewed by clicking on a "disclaimer" link.

This bill was written in response to a young woman who used the
physician profile website to select a surgeon to perform a
complicated lapband surgery. Tragically, the young woman died from
complications shortly after the surgery. After her death, it was
discovered that the information provided on the physician profile was
incomplete.

The bill strengthens the language of the physician profile disclaimer
to include a statement that the information on the website may not be

accurate, complete, or up-to-date. It also adds language encouraging
users to utilize various sources when researching a physician. The bill
requires that the full text of the disclaimer be visible on each page
of the physician profile. Finally, the bill requires that the
department maintain a link to the online unified court system
database where users can research any cases of medical malpractice
involving the physician. These changes will ensure that users are
aware of the risks of basing their physician selection decision
solely on the information provided in the physician profile
maintained by the department of health.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

2011-S6069A - Bill Text download pdf

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

                                 6069--A
    Cal. No. 238

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN  ACT to amend the public health law, in relation to notification that
  all physician information on the department of  health's  website  may
  not be all-inclusive or up-to-date

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

  Section 1. Subdivision 15 of section 2995-a of the public health  law,
as  added  by  chapter  542  of  the laws of 2000, is amended to read as
follows:
  15. (A) All physician data disseminated shall  include  the  following
[statement]  STATEMENTS:  "THE DATA COLLECTED BY THE DEPARTMENT IS ACCU-
RATE TO THE BEST OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFOR-
MATION SUPPLIED BY THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA.   WHILE
THE  DEPARTMENT UTILIZES A VARIETY OF SOURCES OF INFORMATION IN CHECKING
THE ACCURACY OF THE DATA REPORTED, WE CANNOT BE SURE  THAT  ALL  OF  THE
INFORMATION  ON  THIS  WEBSITE  IS  RIGHT,  COMPLETE, OR UP-TO-DATE, AND
CANNOT BE RESPONSIBLE FOR ANY INFORMATION THAT IS WRONG OR HAS BEEN LEFT
OUT. CONSUMERS ARE ENCOURAGED TO CONSULT  OTHER  SOURCES  TO  VERIFY  OR
OBTAIN  ADDITIONAL INFORMATION ABOUT A PHYSICIAN.  PENDING LEGAL ACTIONS
DO NOT IN ANY WAY INDICATE PARTIES'  GUILT,  LIABILITY  OR  CULPABILITY.
CASES MAY BE DISMISSED, WITHDRAWN, OR SETTLED WITHOUT PAYMENTS TO PLAIN-
TIFFS.  ANY DISPOSITION TO A CASE MAY NOT BE FINAL AND MAY BE SUBJECT TO
APPEAL."  THE COMMISSIONER SHALL ENSURE THAT THE FULL TEXT OF THE STATE-
MENTS APPEAR ON EACH WEB PAGE OF THE PHYSICIAN PROFILE IN A MANNER  THAT
DOES  NOT  REQUIRE  THE  USER OF THE SITE TO CLICK ON A SEPARATE LINK IN
ORDER TO VIEW THE STATEMENTS.
  (B) THE DEPARTMENT SHALL PROVIDE ON THE PHYSICIAN PROFILES  AN  ACTIVE
LINK  TO  THE  WEBSITE MAINTAINED BY THE UNIFIED COURT SYSTEM CONTAINING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11951-02-2

S. 6069--A                          2

INFORMATION ON ACTIVE AND DISPOSED CASES IN THE LOCAL AND  STATE  COURTS
IN THE STATE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2011-S6069B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2995-a, Pub Health L

2011-S6069B (ACTIVE) - Summary

2011-S6069B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6069B

TITLE OF BILL:
An act
to amend the public health law, in relation to notification
that all physician information on the department of health's website
may not be all-inclusive or up-to-date

PURPOSE:
The purpose of this bill is to ensure that the users of the department
of health physician profiles website are able to easily view
disclaimers stating that the information on the site is not
guaranteed to be up-to-date or accurate. Further, it requires the
department of health to include a link to the website maintained by
the unified court system so that users can search potential
physicians on that site as well.

SUMMARY OF PROVISIONS:
Section one amends subdivision 15 of section 2595-a of the public
health law by adding subdivision (a) requiring the department of
health Ln include in their standard disclaimer a statement
encouraging users of the physician profile website to utilize
multiple sources when researching a physician. Further, it adds a
statement indicating that the information provided on the website may
not be accurate or up-to-date. The complete disclaimer shall be
visible on each page of the physician profile. Section one also adds

subdivision (b), requiring the department to include a link to the
unified court system website where court records are maintained.

Section two defines the effective date as sixty days following the
enactment date.

JUSTIFICATION:
The physician profile website maintained by the department of health
allows users to research the qualifications of physicians in order to
select one that meets their needs. Currently, the disclaimer required
by statute on the physician profile is weakly-worded and can only be
viewed by clicking on a "disclaimer" link.

This bill was written in response to a young woman who used the
physician profile website to select a surgeon to perform a
complicated lapband surgery. Tragically, the young woman died from
complications shortly after the surgery. After her death, it was
discovered that the
information provided on the physician profile was incomplete.

The bill strengthens the language of the physician profile disclaimer
to include a statement that the information on the website may not be
accurate, complete, or up-to-date. It also adds language encouraging
users to utilize various sources when researching a physician. The
bill requires that the full text of the disclaimer be visible on each
page of the physician profile.
Finally, the bill requires that the department maintain a link to the
online unified court system database where users can research any
cases of medical malpractice involving the physician.
These changes will ensure that users are aware of the risks of basing


their physician selection decision solely on the information provided
in the physician profile maintained by the department of health.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2011-S6069B (ACTIVE) - Bill Text download pdf

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

                                 6069--B
    Cal. No. 238

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in  the  order  of  third  reading -- substituted by Assembly Bill No.
  8414-A, substitution reconsidered and vote reconsidered,  restored  to
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the public health law, in relation to notification  that
  all  physician  information  on the department of health's website may
  not be all-inclusive or up-to-date

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

  Section  1. Subdivision 15 of section 2995-a of the public health law,
as added by chapter 542 of the laws of  2000,  is  amended  to  read  as
follows:
  15.  (A)  All  physician data disseminated shall include the following
[statement] STATEMENTS: "THE DATA COLLECTED BY THE DEPARTMENT  IS  ACCU-
RATE TO THE BEST OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFOR-
MATION  SUPPLIED BY THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA.  WHILE
THE DEPARTMENT UTILIZES A VARIETY OF SOURCES OF INFORMATION IN  CHECKING
THE  ACCURACY  OF  THE  DATA REPORTED, WE CANNOT BE SURE THAT ALL OF THE
INFORMATION ON THIS WEBSITE  IS  RIGHT,  COMPLETE,  OR  UP-TO-DATE,  AND
CANNOT BE RESPONSIBLE FOR ANY INFORMATION THAT IS WRONG OR HAS BEEN LEFT
OUT.  CONSUMERS  ARE  ENCOURAGED  TO  CONSULT OTHER SOURCES TO VERIFY OR
OBTAIN ADDITIONAL INFORMATION ABOUT A PHYSICIAN.  PENDING LEGAL  ACTIONS
DO  NOT  IN  ANY  WAY INDICATE PARTIES' GUILT, LIABILITY OR CULPABILITY.
CASES MAY BE DISMISSED, WITHDRAWN, OR SETTLED WITHOUT PAYMENTS TO PLAIN-
TIFFS. ANY DISPOSITION TO A CASE MAY BE SUBJECT TO APPEAL."  THE COMMIS-
SIONER SHALL ENSURE THAT THE FULL TEXT OF THE STATEMENTS APPEAR ON  EACH
WEB  PAGE OF THE PHYSICIAN PROFILE IN A MANNER THAT DOES NOT REQUIRE THE
USER OF THE SITE TO CLICK ON A SEPARATE LINK IN ORDER TO VIEW THE STATE-
MENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11951-06-2

S. 6069--B                          2

  (B) THE DEPARTMENT SHALL PROVIDE ON THE PHYSICIAN PROFILES  AN  ACTIVE
LINK  TO  THE  WEBSITE MAINTAINED BY THE UNIFIED COURT SYSTEM CONTAINING
INFORMATION ON ACTIVE AND DISPOSED CASES IN THE LOCAL AND  STATE  COURTS
IN THE STATE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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