What's happening
This bill makes impersonating a doctor and providing medical advice or treatment a form of second-degree criminal impersonation.
Why it matters
Expands criminal liability. By specifically adding impersonation of a doctor who provides medical advice or treatment, the bill targets a previously under-addressed area of fraud that can endanger public health.
Protects patients regardless of harm. The law applies even if the patient does not suffer harm, emphasizing the seriousness of the deception itself and not just its consequences.
Acts as a deterrent. By making this specific impersonation a form of second-degree criminal impersonation, the bill aims to deter individuals from pretending to be doctors, potentially reducing incidents of fake medical professionals.
Closes a legal loophole. This amendment clarifies that simply posing as a doctor and providing medical services (even without causing harm) is a prosecutable offense, making it easier for law enforcement to take action before actual injury occurs.
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Who cares
Headline styles
Criminalize Fake Doctors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3040
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to including the impersonation of a doctor of medicine as criminal impersonation in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 190.25 of the penal law is amended by adding a new subdivision 5 to read as follows:
5. Impersonates a doctor of medicine and, in so doing, the actor provides medical advice or treatment to another person as a patient, regardless of whether or not the other person suffers harm from the medical advice or treatment.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09140-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to including the impersona- tion of a doctor of medicine as criminal impersonation in the second degree
Purpose
To establish the offense of impersonating a doctor of medicine.
Summary of provisions
Section 1 amends section 190.25 of the penal law by adding a new subdi- vision 5 providing it is criminal impersonation in the second degree to impersonate a doctor of medicine and provide medical advice or treatment to another person as a patient, regardless of whether or not the other person suffers harm from the medical advice or treatment.
Section 2 provides this act shall take effect on the November 1 after the date on which it shall have become a law.
Existing law
Criminal impersonation in the second degree includes, among other provisions, pretending to be a public servant and causing acts of reli- ance on that pretense.
Justification
It is important to protect the public from those pretending to be doctors, who can use their perceived status to take advantage of the vulnerable.
Legislative history
04/15/16 REFERRED TO CODES
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.