What's happening
This bill requires physicians disciplined or found liable in medical malpractice cases to disclose such events in their advertisements for five years.
Why it matters
Increases transparency for patients. by ensuring that any physician who has been disciplined or found liable in a malpractice case must clearly disclose this in all forms of advertising for five years, helping patients make more informed choices about their healthcare providers.
Covers all advertising formats. (print, audio, visual), meaning that no matter where or how a physician promotes their services, the public will be notified of serious past disciplinary actions or malpractice findings.
Empowers consumer protection. by making it harder for physicians with a history of misconduct or malpractice to obscure their records while marketing to new patients, potentially reducing repeat offenses.
Places regulatory authority with the health commissioner. to determine the exact manner and form of the required disclosures, which could lead to standardized, easily understood statements in physician advertisements.
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Who cares
Headline styles
Doctors Must Disclose Misconduct
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
974
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. SIMOTAS, RIVERA, L. 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.
LBD01477-01-9
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.