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A01663 Summary:

A01663 Actions:

A01663 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1663
 
SPONSOR: Cahill

 
TITLE OF BILL:
 
An act to amend the public health law, in relation to notice to patient,
in the event of revocation, annulment, suspension or surrender of a
medical license following professional medical conduct disciplinary
proceedings
 
 
PURPOSE:
 
This legislation directs the Commissioner of Health to notify parents
about the revocation, annulment, suspension, or surrender of a license
for medical misconduct that is not of a minor or technical nature.
 
 
SUMMARY OF PROVISIONS:
 

Section one: Amends section 230 of the Public Health Law by adding a new
subdivision 20 to provide notice to a patient, in the event of the revo-
cation, annulment, suspension or surrender of a medical license follow-
ing a professional medical conduct disciplinary proceeding where such
revocation of a medical license is not of a minor or technical nature.
 
Section two: The effective date is 180 days after it shall become law,
provided however the Commissioner of Health can promulgate rules prior
to such date.
 
 
JUSTIFICATION:
 
The purpose of this legislation is to prevent physicians and other
health care providers, who have had their license to practice medicine
revoked, from treating patients and possibly committing further acts of
medical misconduct or malpractice. By requiring the Commissioner of
Health to notify all patients who have received care from the licensee
within the year preceding such revocation, we can notify unsuspecting

patients and hopefully protect them from potential further acts of
medical misconduct.
 
 
LEGISLATIVE HISTORY:
 
2013-2014: A.1676 - Referred to Health
2011-2012: A.94 - Referred to Health
2009-2010: A.576 - Referred to Health
2007-2008: A.2602 - Referred to Health
2005-2006: A.7761 - Referred to Health
 
 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall become a law.

A01663 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1663
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2015
                                       ___________
 
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to notice to patient,
          in  the  event  of revocation, annulment, suspension or surrender of a
          medical license following professional  medical  conduct  disciplinary
          proceedings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 230 of the public health law is amended by adding a
     2  new subdivision 20 to read as follows:
     3    20. Upon the revocation,  annulment,  suspension  or  surrender  of  a
     4  medical  license pursuant to the provisions of this section  for profes-
     5  sional misconduct that is not  of  a  minor  or  technical  nature,  the
     6  commissioner  shall notify the patients of record of the licensee of the
     7  fact of such revocation, annulment, suspension or surrender. Such notice
     8  shall be sent by first class mail to  all  patients  who  have  received
     9  medical  services from the licensee within the year preceding such revo-
    10  cation, annulment, suspension or surrender.  Such notice shall  be  sent
    11  to  all  patients  within thirty days of the issuance date of such final
    12  order to revoke, annul or suspend a  licensee's  license,  or  upon  the
    13  surrender  of  a licensee's license, for professional misconduct that is
    14  not of a minor or technical nature.  The commissioner shall have  access
    15  to  any  records necessary to effectuate the provisions of this subdivi-
    16  sion. The commissioner shall promulgate such rules  and  regulations  as
    17  may be necessary to effectuate the provisions of this subdivision.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it  shall have become a law; provided that the commissioner of health is
    20  authorized to promulgate any rules and regulations necessary  to  imple-
    21  ment this act on or before its effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06289-01-5