Bill Text: NY A04618 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 4618 (Prior Session Legislation)

Introduced

Bill Title: Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to include information regarding such proceedings and actions on advertisements.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A04618 Detail]

Download: New_York-2015-A04618-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4618
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S 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    S  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