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Health: Feb 29, 2012

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Active List: Mar 6, 2012 , Floor Calendar: Mar 1, 2012 , Floor Calendar: Mar 5, 2012 , Floor Calendar: Mar 6, 2012 , Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2012

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Memo

BILL NUMBER:S6069

TITLE OF BILL: An act to amend the public health law, in relation to notification that all physician information on the department of health's website may not be all-inclusive or up-to-date

PURPOSE: The purpose of this bill is to ensure that the users of the department of health physician profiles website are able to easily view disclaimers stating that the information on the site is not guaranteed to be up-to-date or accurate. Further, it requires the department of health to include a link to the website maintained by the unified court system so that users can search potential physicians on that site as well.

SUMMARY OF PROVISIONS: Section one amends subdivision 15 of section 2595-a of the public health law by adding subdivision (a) requiring the department of health Ln include in their standard disclaimer a statement encouraging users of the physician profile website to utilize multiple sources when researching a physician. Further, it adds a statement indicating that the information provided on the website may not be accurate or up-to-date. The complete disclaimer shall be visible on each page of the physician profile. Section one also adds subdivision (b), requiring the department to include a link to the unified court system website where court records are maintained.

Section two defines the effective date as sixty days following the enactment date.

JUSTIFICATION: The physician profile website maintained by the department of health allows users to research the qualifications of physicians in order to select one that meets their needs. Currently, the disclaimer required by statute on the physician profile is weakly-worded and can only be viewed by clicking on a "disclaimer" link.

This bill was written in response to a young woman who used the physician profile website to select a surgeon to perform a complicated lapband surgery. Tragically, the young woman died from complications shortly after the surgery. After her death, it was discovered that the information provided on the physician profile was incomplete.

The bill strengthens the language of the physician profile disclaimer to include a statement that the information on the website may not be accurate, complete, or up-to-date. It also adds language encouraging users to utilize various sources when researching a physician. The bill requires that the full text of the disclaimer be visible on each page of the physician profile. Finally, the bill requires that the department maintain a link to the online unified court system database where users can research any cases of medical malpractice involving the

 physician. These changes will ensure that users are aware of the risks of basing their physician selection decision solely on the information provided in the physician profile maintained by the department of health.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS:  None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

6069

IN SENATE

(PREFILED)

January 4, 2012
___________

Introduced  by Sen. GALLIVAN -- 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 notification  that
  all  physician  information  on the department of health's website may
  not be all-inclusive or up-to-date

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 15 of section 2995-a of the public health law,
as added by chapter 542 of the laws of  2000,  is  amended  to  read  as
follows:
  15.  (A)  All  physician data disseminated shall include the following
[statement] STATEMENTS: "THE DATA COLLECTED BY THE DEPARTMENT  IS  ACCU-
RATE TO THE BEST OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFOR-
MATION  SUPPLIED BY THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA.  WHILE
THE DEPARTMENT UTILIZES A VARIETY OF SOURCES OF INFORMATION IN  CHECKING
THE  ACCURACY  OF  THE  DATA REPORTED, WE CANNOT BE SURE THAT ALL OF THE
INFORMATION ON THIS WEBSITE  IS  RIGHT,  COMPLETE,  OR  UP-TO-DATE,  AND
CANNOT BE RESPONSIBLE FOR ANY INFORMATION THAT IS WRONG OR HAS BEEN LEFT
OUT.  CONSUMERS  ARE  ENCOURAGED  TO  CONSULT OTHER SOURCES TO VERIFY OR
OBTAIN ADDITIONAL  INFORMATION  ABOUT  A  PHYSICIAN,  INCLUDING  ACTIONS
AGAINST  A  PHYSICIAN." THE COMMISSIONER SHALL ENSURE THAT THE FULL TEXT
OF THE STATEMENTS APPEAR ON EACH WEB PAGE OF THE PHYSICIAN PROFILE IN  A
MANNER THAT DOES NOT REQUIRE THE USER OF THE SITE TO CLICK ON A SEPARATE
LINK IN ORDER TO VIEW THE STATEMENTS.
  (B)  THE  DEPARTMENT SHALL PROVIDE ON THE PHYSICIAN PROFILES AN ACTIVE
LINK TO THE WEBSITE MAINTAINED BY THE UNIFIED  COURT  SYSTEM  CONTAINING
INFORMATION  ON  ACTIVE AND DISPOSED CASES IN THE LOCAL AND STATE COURTS
IN THE STATE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11951-01-1