S T A T E   O F   N E W   Y O R K
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                                  4845

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced by M. of A. SIMOTAS, RIVERA, HOOPER -- 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.
                                                           LBD07362-01-5
              

A. 4845                             2

THE LICENSE TO PRACTICE MEDICINE OR THE DATE OF THE VERDICT OF GUILTY OR
SETTLEMENT AGREEMENT IN AN ACTION FOR MEDICAL MALPRACTICE.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.