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

                                  4764

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced by M. of A. TITUS, BENEDETTO, ORTIZ, CLARK -- Multi-Sponsored
  by  --  M.  of A.   COLTON, FARRELL, MARKEY, PEOPLES-STOKES, ROBINSON,
  WRIGHT -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to a patient's  right
  to know

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

  Section 1. Section 18-a of the public health law is amended by  adding
a new subdivision 3 to read as follows:
  3.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EACH HEALTH CARE
PROFESSIONAL LICENSED, REGISTERED OR CERTIFIED PURSUANT TO  TITLE  EIGHT
OF  THE EDUCATION LAW SHALL MAKE AVAILABLE A PRINTED COPY OF ANY MEDICAL
MALPRACTICE CONVICTIONS. THE INFORMATION SHALL BE  PLACED  IN  A  COMMON
AREA AND MUST BE READILY AVAILABLE TO PATIENTS AND PROSPECTIVE PATIENTS.
THIS  INFORMATION WILL ONLY BE REQUIRED FOR ANY SUCH HEALTH CARE PROFES-
SIONAL WHO HAS BEEN CONVICTED OF ONE OR MORE INSTANCES OF MEDICAL  MALP-
RACTICE.  THE INFORMATION ON SUCH CONVICTIONS WILL BE FURNISHED FROM THE
WEBSITES OF THE NEW YORK STATE DEPARTMENT OF HEALTH'S OFFICE OF  PROFES-
SIONAL  MEDICAL  CONDUCT,  THE STATE EDUCATION DEPARTMENT, AND ANY OTHER
REPORTING AGENCY.
  (B) ANY INDIVIDUAL WHO VIOLATES, DISOBEYS OR DISREGARDS THE PROVISIONS
OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE GUILTY  OF  A  MISDEMEANOR
AND  SUBJECT  TO  A  CIVIL  PENALTY  OF FIVE HUNDRED DOLLARS FOR A FIRST
VIOLATION AND A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR ANY SUBSEQUENT
VIOLATION.
  S 2. The public health law is amended by adding a new  section  2801-h
to read as follows:
  S  2801-H.  PATIENT'S RIGHT TO KNOW. 1. THE COMMISSIONER SHALL REQUIRE
ALL GENERAL HOSPITALS, AND OTHER FACILITIES APPROVED  PURSUANT  TO  THIS
ARTICLE,  TO  MAKE  AVAILABLE  A  PRINTED  COPY  OF  MEDICAL MALPRACTICE
CONVICTIONS AND/OR INFORMATION ABOUT THOSE PLACED ON PROBATION  FOR  ALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01730-01-3
              

A. 4764                             2

HEALTH  CARE PRACTITIONERS PERFORMING ANY TYPE OF TREATMENT OR CONSULTA-
TION IN SUCH HOSPITAL OR FACILITY. THIS INFORMATION SHALL BE PLACED IN A
COMMON AREA OF SUCH HOSPITAL OR FACILITY AND SHALL BE READILY  AVAILABLE
TO   PATIENTS   AND   PROSPECTIVE  PATIENTS.  THE  INFORMATION  ON  SUCH
CONVICTIONS AND/OR PROBATIONARY DISCIPLINARY ACTIONS WILL  BE  FURNISHED
FROM THE WEBSITES OF THE NEW YORK STATE DEPARTMENT OF HEALTH'S OFFICE OF
PROFESSIONAL  MEDICAL  CONDUCT,  THE STATE EDUCATION DEPARTMENT, AND ANY
OTHER REPORTING AGENCY.
  2. ANY INDIVIDUAL OR FACILITY WHO VIOLATES, DISOBEYS OR DISREGARDS THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION  SHALL  BE  SUBJECT  TO  A
CIVIL  PENALTY OF FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION AND A CIVIL
PENALTY OF ONE THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION. ANY  INDI-
VIDUAL  WHO  VIOLATES, DISOBEYS OR DISREGARDS THE PROVISIONS OF SUBDIVI-
SION ONE OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.