A01663 Summary:

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.
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A01663 Actions:

BILL NO    A01663 

01/12/2015 referred to health
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A01663 Memo:

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.
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A01663 Text:

                           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
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