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A4125Assembly2017-2018 Session

Doctors Must Disclose Misconduct

Official title

“Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to include information regarding such proceedings and actions on advertisements”

Sponsor Aravella SimotasAD-36+3 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill requires physicians who have had their licenses revoked, suspended, limited, or settled malpractice cases to disclose this in their advertisements for five years.

Why it matters

  1. Increases transparency for patients. by requiring doctors to publicly disclose past disciplinary actions or malpractice settlements in all advertisements, helping patients make more informed choices about their healthcare providers.

  2. Applies to all advertisement formats. (print, audio, visual), ensuring that the disclosure is seen or heard by potential patients regardless of how they encounter the physician’s marketing.

  3. Sets a clear five-year disclosure period. from the date of the disciplinary action or malpractice settlement, balancing the public’s right to know with the potential for professional rehabilitation over time.

  4. Empowers state oversight. by allowing the health commissioner to determine the specific form and prominence of these disclosures, potentially reducing misleading or incomplete advertising by physicians with a history of misconduct or malpractice.

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Who cares

  • Physicians with disciplinary sanctions or malpractice outcomes

    Those with specified license sanctions, malpractice guilty verdicts or settlements would have to disclose them conspicuously in medical-service advertisements for five years.

  • Patients choosing physicians

    They would receive information about covered disciplinary sanctions and malpractice outcomes in physicians’ print, audio and visual advertisements.

  • New York State Health Commissioner

    The commissioner would determine the manner and form of the required advertising disclosures.

Headline styles

Doctors Must Disclose Misconduct

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aravella Simotas

Assembly Member · Assembly District 36

History

  1. Referred to health
  2. Referred to health

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4125

2017-2018 Regular Sessions

IN ASSEMBLY

February 1, 2017

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 Assembly, do enact as follows:

Section 1. The public health law is amended by adding a new section 230-e to read as follows:

§ 230-e. Disciplinary proceedings and medical malpractice; advertisements. 1. Any person who holds a license to practice medicine in this state pursuant to article one hundred thirty-one of the education law who either (a) was the subject of a proceeding pursuant to section two hundred thirty of this title that resulted in the revocation, surrender, suspension or limitation of such license; or (b) received a verdict of guilty or entered into a settlement agreement in an action for medical malpractice; shall include within any advertisement for the provision of medical services by such person, a statement regarding such revocation, surrender, suspension or limitation of such license to practice medicine or the verdict of guilty or settlement agreement in such action for medical malpractice.

2. The statement required by subdivision one of this section shall apply to any form or medium of print, audio or visual advertisement. Such statement shall be conspicuous and made in a manner and form to be determined by the commissioner and shall be included in any advertisements for a period of five years from the date of the revocation, surrender, suspension or limitation of the license to practice medicine or the date of the verdict of guilty or settlement agreement in an action for medical malpractice.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04146-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.