Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to include information regarding such proceedings and actions on advertisements.
STATE OF NEW YORK
________________________________________________________________________
4618
2015-2016 Regular Sessions
IN ASSEMBLY
February 5, 2015
___________
Introduced by M. of A. SIMOTAS, RIVERA, HOOPER, 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:
1 Section 1. The public health law is amended by adding a new section
2 230-e to read as follows:
3 § 230-e. Disciplinary proceedings and medical malpractice; advertise-
4 ments. 1. Any person who holds a license to practice medicine in this
5 state pursuant to article one hundred thirty-one of the education law
6 who either (a) was the subject of a proceeding pursuant to section two
7 hundred thirty of this title that resulted in the revocation, surrender,
8 suspension or limitation of such license; or (b) received a verdict of
9 guilty or entered into a settlement agreement in an action for medical
10 malpractice; shall include within any advertisement for the provision of
11 medical services by such person, a statement regarding such revocation,
12 surrender, suspension or limitation of such license to practice medicine
13 or the verdict of guilty or settlement agreement in such action for
14 medical malpractice.
15 2. The statement required by subdivision one of this section shall
16 apply to any form or medium of print, audio or visual advertisement.
17 Such statement shall be conspicuous and made in a manner and form to be
18 determined by the commissioner and shall be included in any advertise-
19 ments for a period of five years from the date of the revocation,
20 surrender, suspension or limitation of the license to practice medicine
21 or the date of the verdict of guilty or settlement agreement in an
22 action for medical malpractice.
23 § 2. This act shall take effect on the thirtieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07360-01-5
