Bill Text: NY A03990 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires licensed health care professionals and hospitals to make available to patients and prospective patients a printed copy of any medical malpractice convictions or information; provides civil and criminal penalties for failure to comply.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A03990 Detail]

Download: New_York-2015-A03990-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3990
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced by M. of A. TITUS, BENEDETTO, ORTIZ, CLARK -- Multi-Sponsored
         by  --  M.  of A.   COLTON, FARRELL, MARKEY, PEOPLES-STOKES, ROBINSON,
         WRIGHT -- read once and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to a patient's  right
         to know
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 18-a of the public health law is amended by  adding
    2  a new subdivision 3 to read as follows:
    3    3.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EACH HEALTH CARE
    4  PROFESSIONAL LICENSED, REGISTERED OR CERTIFIED PURSUANT TO  TITLE  EIGHT
    5  OF  THE EDUCATION LAW SHALL MAKE AVAILABLE A PRINTED COPY OF ANY MEDICAL
    6  MALPRACTICE CONVICTIONS. THE INFORMATION SHALL BE  PLACED  IN  A  COMMON
    7  AREA AND MUST BE READILY AVAILABLE TO PATIENTS AND PROSPECTIVE PATIENTS.
    8  THIS  INFORMATION WILL ONLY BE REQUIRED FOR ANY SUCH HEALTH CARE PROFES-
    9  SIONAL WHO HAS BEEN CONVICTED OF ONE OR MORE INSTANCES OF MEDICAL  MALP-
   10  RACTICE.  THE INFORMATION ON SUCH CONVICTIONS WILL BE FURNISHED FROM THE
   11  WEBSITES OF THE NEW YORK STATE DEPARTMENT OF HEALTH'S OFFICE OF  PROFES-
   12  SIONAL  MEDICAL  CONDUCT,  THE STATE EDUCATION DEPARTMENT, AND ANY OTHER
   13  REPORTING AGENCY.
   14    (B) ANY INDIVIDUAL WHO VIOLATES, DISOBEYS OR DISREGARDS THE PROVISIONS
   15  OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE GUILTY  OF  A  MISDEMEANOR
   16  AND  SUBJECT  TO  A  CIVIL  PENALTY  OF FIVE HUNDRED DOLLARS FOR A FIRST
   17  VIOLATION AND A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR ANY SUBSEQUENT
   18  VIOLATION.
   19    S 2. The public health law is amended by adding a new  section  2801-i
   20  to read as follows:
   21    S  2801-I.  PATIENT'S RIGHT TO KNOW. 1. THE COMMISSIONER SHALL REQUIRE
   22  ALL GENERAL HOSPITALS, AND OTHER FACILITIES APPROVED  PURSUANT  TO  THIS
   23  ARTICLE,  TO  MAKE  AVAILABLE  A  PRINTED  COPY  OF  MEDICAL MALPRACTICE
   24  CONVICTIONS AND/OR INFORMATION ABOUT THOSE PLACED ON PROBATION  FOR  ALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06618-01-5
       A. 3990                             2
    1  HEALTH  CARE PRACTITIONERS PERFORMING ANY TYPE OF TREATMENT OR CONSULTA-
    2  TION IN SUCH HOSPITAL OR FACILITY. THIS INFORMATION SHALL BE PLACED IN A
    3  COMMON AREA OF SUCH HOSPITAL OR FACILITY AND SHALL BE READILY  AVAILABLE
    4  TO   PATIENTS   AND   PROSPECTIVE  PATIENTS.  THE  INFORMATION  ON  SUCH
    5  CONVICTIONS AND/OR PROBATIONARY DISCIPLINARY ACTIONS WILL  BE  FURNISHED
    6  FROM THE WEBSITES OF THE NEW YORK STATE DEPARTMENT OF HEALTH'S OFFICE OF
    7  PROFESSIONAL  MEDICAL  CONDUCT,  THE STATE EDUCATION DEPARTMENT, AND ANY
    8  OTHER REPORTING AGENCY.
    9    2. ANY INDIVIDUAL OR FACILITY WHO VIOLATES, DISOBEYS OR DISREGARDS THE
   10  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION  SHALL  BE  SUBJECT  TO  A
   11  CIVIL  PENALTY OF FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION AND A CIVIL
   12  PENALTY OF ONE THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION. ANY  INDI-
   13  VIDUAL  WHO  VIOLATES, DISOBEYS OR DISREGARDS THE PROVISIONS OF SUBDIVI-
   14  SION ONE OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
   15    S 3. This act shall take effect on the ninetieth day  after  it  shall
   16  have become a law.