What's happening
This bill requires healthcare professionals and hospitals to publicly display information about medical malpractice convictions and probation for patient awareness.
Why it matters
Enhances patient decision-making. By requiring visible, easily accessible information about healthcare providers' malpractice convictions and probation, patients can make more informed choices about who treats them, leading to potentially greater trust and transparency in the healthcare system.
Creates stronger accountability. Healthcare professionals and facilities face clear legal and financial consequences (misdemeanor charges and escalating civil penalties) if they fail to disclose this information, increasing incentives for compliance and honesty.
Standardizes malpractice disclosure. The bill mandates uniform sourcing of conviction and probation data from official New York State agencies, ensuring consistency and reliability in the information provided to the public.
Expands the scope of disclosure. The requirements apply not only to individual healthcare professionals but also to all general hospitals and approved facilities, broadening the reach of transparency to most healthcare settings where patients receive care.
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Who cares
Patients and prospective patients
They would gain access in common areas to printed malpractice conviction records and, at hospitals and covered facilities, information about practitioners placed on probation.
Licensed health care professionals with malpractice convictions
They would have to make printed conviction information readily available or face misdemeanor liability and civil penalties.
General hospitals and other Article 28 facilities
They would have to provide printed malpractice conviction and probation information for practitioners treating or consulting at their facilities, with civil penalties for noncompliance.
New York State health commissioner
The bill would require the commissioner to impose the disclosure requirement on general hospitals and other covered facilities.
Headline styles
Disclose Malpractice Convictions
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Enacting clause stricken
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4858
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. TITUS, BENEDETTO, ORTIZ -- Multi-Sponsored by -- M. of A. COLTON -- 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 Assembly, do enact as follows:
Section 1. Section 18-a of the public health law is amended by adding a new subdivision 3 to read as follows:
3. (a) Notwithstanding any other provision of law, each health care professional licensed, registered or certified pursuant to title eight of the education law shall make available a printed copy of any medical malpractice convictions. The information shall be placed in a common area and must be readily available to patients and prospective patients. This information will only be required for any such health care professional who has been convicted of one or more instances of medical malpractice. The information on such convictions will be furnished from the websites of the New York state department of health's office of professional medical conduct, the state education department, and any other reporting agency.
(b) Any individual who violates, disobeys or disregards the provisions of paragraph (a) of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty of five hundred dollars for a first violation and a civil penalty of one thousand dollars for any subsequent violation.
§ 2. The public health law is amended by adding a new section 2801-h to read as follows:
§ 2801-h. Patient's right to know. 1. The commissioner shall require all general hospitals, and other facilities approved pursuant to this article, to make available a printed copy of medical malpractice convictions and/or information about those placed on probation for all health care practitioners performing any type of treatment or consulta-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07740-01-9
A. 4858 2
tion in such hospital or facility. This information shall be placed in a common area of such hospital or facility and shall be readily available to patients and prospective patients. The information on such convictions and/or probationary disciplinary actions will be furnished from the websites of the New York state department of health's office of professional medical conduct, the state education department, and any other reporting agency.
2. Any individual or facility who violates, disobeys or disregards the provisions of subdivision one of this section shall be subject to a civil penalty of five hundred dollars for a first violation and a civil penalty of one thousand dollars for any subsequent violation. Any individual who violates, disobeys or disregards the provisions of subdivision one of this section shall be guilty of a misdemeanor.
§ 3. This act shall take effect on the ninetieth 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.