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Assembly Bill A7053

2013-2014 Legislative Session

Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to give notice to patients of such proceedings and actions

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Archive: Last Bill Status - In Assembly Committee

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2013-A7053 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง230-e, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4845
2017-2018: A4218
2019-2020: A1142

2013-A7053 (ACTIVE) - Summary

Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to give notice to patients of such proceedings and actions.

2013-A7053 (ACTIVE) - Bill Text download pdf 

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

                                  7053

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 30, 2013
                               ___________

Introduced  by M. of A. SIMOTAS, RIVERA -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to patient  notifica-
  tion  regarding  proceedings  for  medical  misconduct and actions for
  medical malpractice

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

  Section  1.  The  public health law is amended by adding a new section
230-e to read as follows:
  S 230-E. DISCIPLINARY PROCEEDINGS AND MEDICAL MALPRACTICE;  NOTICE  TO
PATIENTS. 1. ANY PERSON WHO HOLDS A LICENSE TO PRACTICE MEDICINE IN THIS
STATE  PURSUANT  TO  ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW
WHO EITHER (A) WAS THE SUBJECT OF A PROCEEDING PURSUANT TO  SECTION  TWO
HUNDRED THIRTY OF THIS TITLE THAT RESULTED IN THE REVOCATION, SURRENDER,
SUSPENSION  OR  LIMITATION OF SUCH LICENSE; OR (B) RECEIVED A VERDICT OF
GUILTY OR ENTERED INTO A SETTLEMENT AGREEMENT IN AN ACTION  FOR  MEDICAL
MALPRACTICE; SHALL PROVIDE NOTIFICATION TO SUCH PERSON'S PATIENTS AS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION.
  2.  ANY  PERSON  SUBJECT  TO THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION SHALL:
  (A) NOTIFY EACH PATIENT OF SUCH PERSON IN WRITING BY FIRST CLASS  MAIL
WITHIN  THIRTY  DAYS OF THE REVOCATION, SURRENDER, SUSPENSION OR LIMITA-
TION OF THE LICENSE TO PRACTICE MEDICINE OR THE DATE OF THE  VERDICT  OF
GUILTY  OR  SETTLEMENT  AGREEMENT  IN AN ACTION FOR MEDICAL MALPRACTICE.
UPON COMPLETION OF SUCH MAILING, SUCH PERSON SHALL FILE WITH THE COMMIS-
SIONER A SWORN STATEMENT THAT SUCH  MAILING  WAS  MADE.  SUCH  STATEMENT
SHALL  BE MADE IN A MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER
AND CONTAIN INFORMATION THE COMMISSIONER DEEMS APPROPRIATE; AND
  (B) NOTIFY EACH NEW PATIENT IN WRITING PRIOR TO ANY CONSULTATION  WITH
OR PROVISION OF ANY SERVICES FOR SUCH PATIENT FOR A PERIOD OF FIVE YEARS
FROM  THE DATE OF THE REVOCATION, SURRENDER, SUSPENSION OR LIMITATION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10415-01-3

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