S T A T E O F N E W Y O R K
________________________________________________________________________
974
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, L. ROSENTHAL -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to advertisements by
physicians subject to 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; ADVERTISE-
MENTS. 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 INCLUDE WITHIN ANY ADVERTISEMENT FOR THE PROVISION OF
MEDICAL SERVICES BY SUCH PERSON, A STATEMENT REGARDING SUCH REVOCATION,
SURRENDER, SUSPENSION OR LIMITATION OF SUCH LICENSE TO PRACTICE MEDICINE
OR THE VERDICT OF GUILTY OR SETTLEMENT AGREEMENT IN SUCH ACTION FOR
MEDICAL MALPRACTICE.
2. THE STATEMENT REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
APPLY TO ANY FORM OR MEDIUM OF PRINT, AUDIO OR VISUAL ADVERTISEMENT.
SUCH STATEMENT SHALL BE CONSPICUOUS AND MADE IN A MANNER AND FORM TO BE
DETERMINED BY THE COMMISSIONER AND SHALL BE INCLUDED IN ANY ADVERTISE-
MENTS FOR A PERIOD OF FIVE YEARS FROM THE DATE OF 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 MALPRACTICE.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.