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S3040Senate2019-2020 Session

Criminalize Fake Doctors

Official title

“Includes the impersonation of a doctor of medicine as criminal impersonation in the second degree”

Sponsor James Sanders Jr.SD-10Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

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

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.