Bill Text: NY S07692 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes new element for professional misconduct for providing expert witness testimony without reasonable medical foundation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-03 - REFERRED TO HIGHER EDUCATION [S07692 Detail]

Download: New_York-2009-S07692-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7692
                                   I N  S E N A T E
                                      May 3, 2010
                                      ___________
       Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in relation  to  establishing  a  new
         element  for  professional  misconduct  for  providing  expert witness
         testimony that is false or without reasonable medical foundation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  6530 of the education law is amended by adding a
    2  new subdivision 50 to read as follows:
    3    50. PROVIDING EXPERT MEDICAL TESTIMONY THAT  IS  FALSE  OR  COMPLETELY
    4  WITHOUT  REASONABLE MEDICAL FOUNDATION IN ANY ACTION FOR INJURY OR DEATH
    5  ARISING OUT OF THE PROVISION  OF  OR  FAILURE  TO  PROVIDE  HEALTH  CARE
    6  SERVICES. AS USED IN THIS SUBDIVISION, TESTIMONY MAY BE CONSIDERED FALSE
    7  OR  COMPLETELY  WITHOUT  REASONABLE MEDICAL FOUNDATION IF IT WAS WITHOUT
    8  FOUNDATION IN ACCEPTED PEER REVIEWED SCIENCE-BASED MEDICAL RESEARCH.
    9    S 2. This act shall take effect on the ninetieth day  after  it  shall
   10  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16807-01-0