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Assembly Bill A3990

2015-2016 Legislative Session

Requires licensed health care professionals and hospitals to make available to patients and prospective patients a printed copy of any medical malpractice conviction

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Archive: Last Bill Status - In Assembly Committee

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2015-A3990 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §18-a, add §2801-i, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5548
2011-2012: A5265
2013-2014: A4764
2017-2018: A6537
2019-2020: A4858

2015-A3990 (ACTIVE) - Summary

Requires licensed health care professionals and hospitals to make available to patients and prospective patients a printed copy of any medical malpractice convictions or information; provides civil and criminal penalties for failure to comply.

2015-A3990 (ACTIVE) - Bill Text download pdf 

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

                                  3990

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

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-i
to read as follows:
  S  2801-I.  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.
                                                           LBD06618-01-5

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