S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6537
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced  by M. of A. TITUS, BENEDETTO, ORTIZ -- Multi-Sponsored by --
   M. of A.  COLTON, FARRELL, PEOPLES-STOKES -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law, in relation to a patient's  right
   to know
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 18-a of the public health law is amended by  adding
 a new subdivision 3 to read as follows:
   3.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EACH HEALTH CARE
 PROFESSIONAL LICENSED, REGISTERED OR CERTIFIED PURSUANT TO  TITLE  EIGHT
 OF  THE EDUCATION LAW SHALL MAKE AVAILABLE A PRINTED COPY OF ANY MEDICAL
 MALPRACTICE CONVICTIONS. THE INFORMATION SHALL BE  PLACED  IN  A  COMMON
 AREA AND MUST BE READILY AVAILABLE TO PATIENTS AND PROSPECTIVE PATIENTS.
 THIS  INFORMATION WILL ONLY BE REQUIRED FOR ANY SUCH HEALTH CARE PROFES-
 SIONAL WHO HAS BEEN CONVICTED OF ONE OR MORE INSTANCES OF MEDICAL  MALP-
 RACTICE.  THE INFORMATION ON SUCH CONVICTIONS WILL BE FURNISHED FROM THE
 WEBSITES OF THE NEW YORK STATE DEPARTMENT OF HEALTH'S OFFICE OF  PROFES-
 SIONAL  MEDICAL  CONDUCT,  THE STATE EDUCATION DEPARTMENT, AND ANY OTHER
 REPORTING AGENCY.
   (B) ANY INDIVIDUAL WHO VIOLATES, DISOBEYS OR DISREGARDS THE PROVISIONS
 OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE GUILTY  OF  A  MISDEMEANOR
 AND  SUBJECT  TO  A  CIVIL  PENALTY  OF FIVE HUNDRED DOLLARS FOR A FIRST
 VIOLATION AND A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR ANY SUBSEQUENT
 VIOLATION.
   § 2. The public health law is amended by adding a new  section  2801-i
 to read as follows:
   §  2801-I.  PATIENT'S RIGHT TO KNOW. 1. THE COMMISSIONER SHALL REQUIRE
 ALL GENERAL HOSPITALS, AND OTHER FACILITIES APPROVED  PURSUANT  TO  THIS
 ARTICLE,  TO  MAKE  AVAILABLE  A  PRINTED  COPY  OF  MEDICAL MALPRACTICE
 CONVICTIONS AND/OR INFORMATION ABOUT THOSE PLACED ON PROBATION  FOR  ALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02794-01-7

 A. 6537                             2
 
 HEALTH  CARE PRACTITIONERS PERFORMING ANY TYPE OF TREATMENT OR CONSULTA-
 TION IN SUCH HOSPITAL OR FACILITY. THIS INFORMATION SHALL BE PLACED IN A
 COMMON AREA OF SUCH HOSPITAL OR FACILITY AND SHALL BE READILY  AVAILABLE
 TO   PATIENTS   AND   PROSPECTIVE  PATIENTS.  THE  INFORMATION  ON  SUCH
 CONVICTIONS AND/OR PROBATIONARY DISCIPLINARY ACTIONS WILL  BE  FURNISHED
 FROM THE WEBSITES OF THE NEW YORK STATE DEPARTMENT OF HEALTH'S OFFICE OF
 PROFESSIONAL  MEDICAL  CONDUCT,  THE STATE EDUCATION DEPARTMENT, AND ANY
 OTHER REPORTING AGENCY.
   2. ANY INDIVIDUAL OR FACILITY WHO VIOLATES, DISOBEYS OR DISREGARDS THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION  SHALL  BE  SUBJECT  TO  A
 CIVIL  PENALTY OF FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION AND A CIVIL
 PENALTY OF ONE THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION. ANY  INDI-
 VIDUAL  WHO  VIOLATES, DISOBEYS OR DISREGARDS THE PROVISIONS OF SUBDIVI-
 SION ONE OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.