S T A T E O F N E W Y O R K
________________________________________________________________________
1142--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. SIMOTAS, RIVERA -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to patient notifica-
tion regarding proceedings for medical misconduct, probation, 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; (B) IS CURRENTLY THE SUBJECT
OF ONGOING PROCEEDINGS PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS
TITLE; (C) HAS BEEN PLACED ON PROBATION BY THE OFFICE OF PROFESSIONAL
MEDICAL CONDUCT; (D) HAS RECEIVED DISCIPLINE FROM THE OFFICE OF PROFES-
SIONAL MEDICAL CONDUCT THAT DID NOT RESULT IN THE REVOCATION, SURRENDER,
SUSPENSION OR LIMITATION OF SUCH LICENSE; OR (E) 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, OF THE COMMENCEMENT OF A
PROCEEDING PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS TITLE, OF
BEING PLACED ON PROBATION BY THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01480-03-9
A. 1142--A 2
OR OF RECEIVING DISCIPLINE FROM THE OFFICE OF PROFESSIONAL MEDICAL
CONDUCT THAT DID NOT RESULT IN THE REVOCATION, SURRENDER, SUSPENSION OR
LIMITATION OF THE LICENSE TO PRACTICE MEDICINE OR THE DATE OF THE
VERDICT OF GUILTY OR SETTLEMENT AGREEMENT IN AN ACTION FOR MEDICAL MALP-
RACTICE. UPON COMPLETION OF SUCH MAILING, SUCH PERSON SHALL FILE WITH
THE COMMISSIONER 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.
3. ANY PERSON WHO HOLDS A LICENSE TO PRACTICE MEDICINE IN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW WHO IS
SUBJECT TO MANDATORY SUPERVISION AS A RESULT OF DISCIPLINARY ACTION
TAKEN AGAINST THEM BY THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT, SHALL
DISCLOSE TO ALL PATIENTS THAT THEY ARE SUBJECT TO SUCH SUPERVISION DUE
TO SUCH DISCIPLINARY ACTION.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.