Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
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Jan 06, 2010 |
referred to health |
Jan 21, 2009 |
referred to health |
Senate Bill S914
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S914 (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd ยงยง230 & 2805-j, Pub Health L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2561
2009-S914 (ACTIVE) - Summary
Provides that in any case where a physician institutes a civil proceeding as a result of a disciplinary proceeding brought against such physician or dismissal from a hospital or other health care facility, he shall give an undertaking in an amount fixed by the court to pay the defendant all costs and damages, including reasonable attorney's fees, which may be sustained if the defendant recovers judgment or if it is finally decided that the plaintiff was not entitled to relief; provides that as part of its malpractice prevention program the commissioner of health shall incorporate risk management curricula, the purpose of which shall be to reduce the incidence of medical and dental malpractice; provides that such curricula shall include department sponsored seminars, the publication of bulletins and other written materials and on-site risk management evaluation and assistance.
2009-S914 (ACTIVE) - Sponsor Memo
BILL NUMBER: S914 TITLE OF BILL : An act to amend the public health law, in relation to requiring physicians to post a bond as a condition to certain civil proceedings and to provide for a risk management program for physicians SUMMARY OF PROVISIONS : Section one - Section 230 of the public health law is amended by adding a new subdivision 16-a which requires any physician instituting a civil proceeding as a result of any disciplinary action taken against him, to post a bond. The bond shall be in an amount fixed by the court, to pay the defendant all costs and damages, including reasonable attorney's fees, which may be sustained if defendant recovers judgment or it is decided that the plaintiff was not entitled to relief. Section two - Amends Section 2805-j of the public health law by adding a new subdivision 1-a which will require the Commissioner of Health to develop a risk management program which shall include department sponsored seminars, the publication of bulletins and other written materials and on-site risk management evaluation and assistance. JUSTIFICATION : One of the reasons why physicians and hospitals do not actively report incompetent physicians is the fear that such action might precipitate
2009-S914 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 914 2009-2010 Regular Sessions I N S E N A T E January 21, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to requiring physi- cians to post a bond as a condition to certain civil proceedings and to provide for a risk management program for physicians THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 230 of the public health law is amended by adding a new subdivision 16-a to read as follows: 16-A. CIVIL PROCEEDINGS; BOND. IN ANY CASE WHERE A PHYSICIAN INSTI- TUTES A CIVIL PROCEEDING, THE BASIS OF WHICH IS A DISCIPLINARY PROCEED- ING BROUGHT AGAINST SUCH PHYSICIAN PURSUANT TO THIS SECTION OR DISMISSAL FROM A HOSPITAL OR OTHER HEALTH CARE FACILITY, HE SHALL GIVE AN UNDER- TAKING IN A TOTAL AMOUNT FIXED BY THE COURT, BUT NOT LESS THAN FIVE HUNDRED DOLLARS, TO PAY THE DEFENDANT ALL COSTS AND DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH MAY BE SUSTAINED IF THE DEFENDANT RECOVERS JUDGMENT OR IF IT IS FINALLY DECIDED THAT THE PLAINTIFF WAS NOT ENTITLED TO RELIEF. S 2. Section 2805-j of the public health law is amended by adding a new subdivision 1-a to read as follows: 1-A. AS PART OF SUCH MALPRACTICE PREVENTION PROGRAM THE COMMISSIONER SHALL INCORPORATE RISK MANAGEMENT CURRICULA, THE PURPOSE OF WHICH SHALL BE TO REDUCE THE INCIDENCE OF MEDICAL AND DENTAL MALPRACTICE. SUCH CURRICULA SHALL INCLUDE DEPARTMENT SPONSORED SEMINARS, THE PUBLICATION OF BULLETINS AND OTHER WRITTEN MATERIALS AND ON-SITE RISK MANAGEMENT EVALUATION AND ASSISTANCE. S 3. This act shall take effect immediately provided, however, that section one of this act shall only apply to civil proceedings commenced on and after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06485-01-9
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