S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4218
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 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:
   §  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.
              

                                                            LBD04206-01-7

 A. 4218                             2
 
 THE LICENSE TO PRACTICE MEDICINE OR THE DATE OF THE VERDICT OF GUILTY OR
 SETTLEMENT AGREEMENT IN AN ACTION FOR MEDICAL MALPRACTICE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.