BILL NO A01663
SAME AS No same as
SPONSOR Cahill
COSPNSR
MLTSPNSR
Amd S230, Pub Health L
Directs the commissioner of health to notify certain patients of record of a
physician upon the revocation, annulment, suspension, or surrender of a
physician's license for medical misconduct which is not of a minor or technical
nature; provides for necessary access to records and for promulgation of rules
and regulations.
BILL NUMBER:A1663
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
revocation, annulment, suspension or surrender of a medical license
following 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.
S T A T E O F N E W Y O R K
________________________________________________________________________
1663
2015-2016 Regular Sessions
I N A S S E M B L Y
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 S 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
