Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to give notice to patients of such proceedings and actions.
STATE OF NEW YORK
________________________________________________________________________
7053
2013-2014 Regular Sessions
IN ASSEMBLY
April 30, 2013
___________
Introduced by M. of A. SIMOTAS, RIVERA -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to patient notifica-
tion regarding 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; notice to
4 patients. 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 provide notification to such person's patients as set
11 forth in subdivision two of this section.
12 2. Any person subject to the provisions of subdivision one of this
13 section shall:
14 (a) notify each patient of such person in writing by first class mail
15 within thirty days of the revocation, surrender, suspension or limita-
16 tion of the license to practice medicine or the date of the verdict of
17 guilty or settlement agreement in an action for medical malpractice.
18 Upon completion of such mailing, such person shall file with the commis-
19 sioner a sworn statement that such mailing was made. Such statement
20 shall be made in a manner and form to be determined by the commissioner
21 and contain information the commissioner deems appropriate; and
22 (b) notify each new patient in writing prior to any consultation with
23 or provision of any services for such patient for a period of five years
24 from the date of the revocation, surrender, suspension or limitation of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10415-01-3
A. 7053 2
1 the license to practice medicine or the date of the verdict of guilty or
2 settlement agreement in an action for medical malpractice.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law.