S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4858
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. TITUS, BENEDETTO, ORTIZ -- Multi-Sponsored by --
   M. of A.  COLTON -- 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.
   § 2. The public health law is amended by adding a new  section  2801-h
 to read as follows:
   §  2801-H.  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
 HEALTH  CARE PRACTITIONERS PERFORMING ANY TYPE OF TREATMENT OR CONSULTA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07740-01-9

 A. 4858                             2
 
 TION IN SUCH HOSPITAL OR FACILITY. THIS INFORMATION SHALL BE PLACED IN A
 COMMON AREA OF SUCH HOSPITAL OR FACILITY AND SHALL BE READILY  AVAILABLE
 TO   PATIENTS   AND   PROSPECTIVE  PATIENTS.  THE  INFORMATION  ON  SUCH
 CONVICTIONS  AND/OR  PROBATIONARY DISCIPLINARY ACTIONS WILL BE FURNISHED
 FROM THE WEBSITES OF THE NEW YORK STATE DEPARTMENT OF HEALTH'S OFFICE OF
 PROFESSIONAL MEDICAL CONDUCT, THE STATE EDUCATION  DEPARTMENT,  AND  ANY
 OTHER REPORTING AGENCY.
   2. ANY INDIVIDUAL OR FACILITY WHO VIOLATES, DISOBEYS OR DISREGARDS THE
 PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE 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. ANY INDI-
 VIDUAL WHO VIOLATES, DISOBEYS OR DISREGARDS THE PROVISIONS  OF  SUBDIVI-
 SION ONE OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.