Bill Text: NY A07051 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to include information regarding such proceedings and actions on advertisements.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - referred to health [A07051 Detail]
Download: New_York-2013-A07051-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7051 2013-2014 Regular Sessions I N A S S E M B L Y April 30, 2013 ___________ Introduced by M. of A. SIMOTAS, RIVERA -- 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 ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 230-e to read as follows: 3 S 230-E. DISCIPLINARY PROCEEDINGS AND MEDICAL MALPRACTICE; ADVERTISE- 4 MENTS. 1. ANY PERSON WHO HOLDS A LICENSE TO PRACTICE MEDICINE IN THIS 5 STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW 6 WHO EITHER (A) WAS THE SUBJECT OF A PROCEEDING PURSUANT TO SECTION TWO 7 HUNDRED THIRTY OF THIS TITLE THAT RESULTED IN THE REVOCATION, SURRENDER, 8 SUSPENSION OR LIMITATION OF SUCH LICENSE; OR (B) RECEIVED A VERDICT OF 9 GUILTY OR ENTERED INTO A SETTLEMENT AGREEMENT IN AN ACTION FOR MEDICAL 10 MALPRACTICE; SHALL INCLUDE WITHIN ANY ADVERTISEMENT FOR THE PROVISION OF 11 MEDICAL SERVICES BY SUCH PERSON, A STATEMENT REGARDING SUCH REVOCATION, 12 SURRENDER, SUSPENSION OR LIMITATION OF SUCH LICENSE TO PRACTICE MEDICINE 13 OR THE VERDICT OF GUILTY OR SETTLEMENT AGREEMENT IN SUCH ACTION FOR 14 MEDICAL MALPRACTICE. 15 2. THE STATEMENT REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL 16 APPLY TO ANY FORM OR MEDIUM OF PRINT, AUDIO OR VISUAL ADVERTISEMENT. 17 SUCH STATEMENT SHALL BE CONSPICUOUS AND MADE IN A MANNER AND FORM TO BE 18 DETERMINED BY THE COMMISSIONER AND SHALL BE INCLUDED IN ANY ADVERTISE- 19 MENTS FOR A PERIOD OF FIVE YEARS FROM THE DATE OF THE REVOCATION, 20 SURRENDER, SUSPENSION OR LIMITATION OF THE LICENSE TO PRACTICE MEDICINE 21 OR THE DATE OF THE VERDICT OF GUILTY OR SETTLEMENT AGREEMENT IN AN 22 ACTION FOR MEDICAL MALPRACTICE. 23 S 2. This act shall take effect on the thirtieth day after it shall 24 have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10420-02-3