Bill Text: NY S02561 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that in any case where a physician institutes a civil proceeding as a result of a disciplinary proceeding brought against such physician or dismissal from a hospital or other health care facility, he shall give an undertaking in an amount fixed by the court to pay the defendant all costs and damages, including reasonable attorney's fees, which may be sustained if the defendant recovers judgment or if it is finally decided that the plaintiff was not entitled to relief; provides that as part of its malpractice prevention program the commissioner of health shall incorporate risk management curricula, the purpose of which shall be to reduce the incidence of medical and dental malpractice; provides that such curricula shall include department sponsored seminars, the publication of bulletins and other written materials and on-site risk management evaluation and assistance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-25 - REFERRED TO HEALTH [S02561 Detail]
Download: New_York-2011-S02561-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2561 2011-2012 Regular Sessions I N S E N A T E January 25, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to requiring physi- cians to post a bond as a condition to certain civil proceedings and to provide for a risk management program for physicians 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 16-a to read as follows: 3 16-A. CIVIL PROCEEDINGS; BOND. IN ANY CASE WHERE A PHYSICIAN INSTI- 4 TUTES A CIVIL PROCEEDING, THE BASIS OF WHICH IS A DISCIPLINARY PROCEED- 5 ING BROUGHT AGAINST SUCH PHYSICIAN PURSUANT TO THIS SECTION OR DISMISSAL 6 FROM A HOSPITAL OR OTHER HEALTH CARE FACILITY, HE OR SHE SHALL GIVE AN 7 UNDERTAKING IN A TOTAL AMOUNT FIXED BY THE COURT, BUT NOT LESS THAN FIVE 8 HUNDRED DOLLARS, TO PAY THE DEFENDANT ALL COSTS AND DAMAGES, INCLUDING 9 REASONABLE ATTORNEY'S FEES, WHICH MAY BE SUSTAINED IF THE DEFENDANT 10 RECOVERS JUDGMENT OR IF IT IS FINALLY DECIDED THAT THE PLAINTIFF WAS NOT 11 ENTITLED TO RELIEF. 12 S 2. Section 2805-j of the public health law is amended by adding a 13 new subdivision 1-a to read as follows: 14 1-A. AS PART OF SUCH MALPRACTICE PREVENTION PROGRAM THE COMMISSIONER 15 SHALL INCORPORATE RISK MANAGEMENT CURRICULA, THE PURPOSE OF WHICH SHALL 16 BE TO REDUCE THE INCIDENCE OF MEDICAL AND DENTAL MALPRACTICE. SUCH 17 CURRICULA SHALL INCLUDE DEPARTMENT SPONSORED SEMINARS, THE PUBLICATION 18 OF BULLETINS AND OTHER WRITTEN MATERIALS AND ON-SITE RISK MANAGEMENT 19 EVALUATION AND ASSISTANCE. 20 S 3. This act shall take effect immediately provided, however, that 21 section one of this act shall only apply to civil proceedings commenced 22 on and after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07134-01-1