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
                                ___________
 
 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.