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A4218Assembly2017-2018 Session

Doctors Must Disclose Misconduct

Official title

“Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to give notice to patients of such proceedings and actions”

Sponsor Aravella SimotasAD-36+2 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill requires doctors disciplined for misconduct or found liable for malpractice to notify their current and new patients in writing.

Why it matters

  1. Increases patient awareness and informed decision-making. by requiring doctors to proactively disclose past disciplinary actions or malpractice findings, allowing patients to make more knowledgeable choices about their healthcare providers.

  2. Mandates written notification to all current patients. within 30 days of a doctor’s license being suspended, limited, revoked, or surrendered, or after a malpractice verdict or settlement—ensuring timely communication of serious professional issues.

  3. Extends disclosure obligations to new patients. for five years, meaning individuals considering care from a doctor with a recent history of misconduct or malpractice are made aware before receiving services, potentially reducing future harm or mistrust.

  4. Establishes accountability with regulatory oversight. by requiring physicians to submit a sworn statement to the state confirming all required patient notifications have been made, adding an enforceable layer to the transparency process.

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Who cares

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

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4218

2017-2018 Regular Sessions

IN ASSEMBLY

February 1, 2017

Introduced by M. of A. SIMOTAS, RIVERA, HOOPER -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to patient notification regarding 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; notice to patients. 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 provide notification to such person's patients as set forth in subdivision two of this section.

2. Any person subject to the provisions of subdivision one of this section shall:

(a) notify each patient of such person in writing by first class mail within thirty days 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. Upon completion of such mailing, such person shall file with the commissioner a sworn statement that such mailing was made. Such statement shall be made in a manner and form to be determined by the commissioner and contain information the commissioner deems appropriate; and

(b) notify each new patient in writing prior to any consultation with or provision of any services for such patient for a period of five years 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.

LBD04206-01-7

A. 4218 2

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.

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.