RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
1958
2003-2004 Regular Sessions
IN SENATE
February 18, 2003
___________
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, the county law and the civil
practice law and rules, in relation to review and investigation of
claims of professional medical misconduct or medical malpractice and
requirements for the filing of such claims
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 230 of the public health law is amended by adding
2 a new subdivision 12-a to read as follows:
3 12-a. (a) Upon receipt by the commissioner of a report identifying
4 claims of medical malpractice, as required by paragraphs one and two of
5 subsection (b) of section three hundred fifteen of the insurance law,
6 the commissioner shall immediately refer the same to the state board for
7 professional medical conduct for an expedited review to determine wheth-
8 er the said claims involve professional misconduct as defined by subdi-
9 visions three, four, five and six of section six thousand five hundred
10 thirty of the education law. Each such claim which alleges professional
11 misconduct, as defined in subdivisions three, four, five and six of such
12 section six thousand five hundred thirty, shall be referred for an expe-
13 dited investigation in accordance with the provisions of subdivision ten
14 of this section.
15 (b) Upon receipt by the commissioner of a copy of a summons and
16 complaint which alleges professional medical misconduct and/or medical
17 malpractice, as required by section five hundred thirty-five of the
18 county law, the commissioner shall immediately refer same to the state
19 board for professional medical conduct, for an expedited review to
20 determine whether said allegations involve professional misconduct as
21 defined by subdivisions three, four, five and six of section six thou-
22 sand five hundred thirty of the education law. Each such summons and
23 complaint which alleges professional misconduct, as defined in subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08851-01-3
S. 1958 2
1 sions three, four, five and six of such section six thousand five
2 hundred thirty, shall be referred for an expedited investigation in
3 accordance with the provisions of subdivision ten of this section.
4 § 2. The county law is amended by adding a new section 535 to read as
5 follows:
6 § 535. Reporting of professional medical misconduct and/or medical
7 malpractice. Upon the filing of a summons and complaint which alleges
8 professional medical misconduct and/or medical malpractice pursuant to
9 section three hundred four of the civil practice law and rules, the
10 county clerk shall forward a copy of same to the commissioner of health.
11 § 3. Section 304 of the civil practice law and rules, as amended by
12 chapter 473 of the laws of 2001, is amended to read as follows:
13 § 304. Method of commencing action or special proceeding. An action is
14 commenced by filing a summons and complaint or summons with notice;
15 except that where an action alleges medical malpractice or professional
16 medical misconduct, two copies of said summons and complaint must be
17 filed with said clerk of the court with a notice on the front of the
18 summons stating that such action alleges such conduct; provided that a
19 failure to file a second copy with the county clerk shall not be grounds
20 for dismissal of any action initiated pursuant to this chapter; and
21 provided further that said failure to file such second copy shall not
22 relieve the county clerk from the obligation to forward a copy of the
23 filed pleading to the commissioner of health. A special proceeding is
24 commenced by filing a petition. Where a court finds that circumstances
25 prevent immediate filing, the signing of an order requiring the subse-
26 quent filing at a specific time and date not later than five days there-
27 after shall commence the action. For purposes of this section, and for
28 purposes of section two hundred three of this chapter and section three
29 hundred six-a of this article, filing shall mean the delivery of the
30 summons with notice, summons and complaint or petition to the clerk of
31 the court in the county in which the action or special proceeding is
32 brought or any other person designated by the clerk of the court for
33 that purpose together with any fee required as specified in rule twen-
34 ty-one hundred two of this chapter for filing. Notwithstanding any
35 other provision of law, such delivery may be accomplished by facsimile
36 transmission or electronic means, as defined in subdivision (f) of rule
37 twenty-one hundred three of this chapter, where and in the manner
38 authorized by the chief administrator of the courts by rule. At the time
39 of filing, the filed papers shall be date stamped by the clerk of the
40 court who shall file them and maintain a record of the date of the
41 filing and who shall return forthwith a date stamped copy, together with
42 an index number, to the filing party. Where filing is by facsimile tran-
43 smission, the clerk of the court need only return a date stamped copy of
44 the first page of the papers initiating the lawsuit, together with the
45 index number. Where filing is by electronic means, the clerk shall, in
46 accordance with rules promulgated by the chief administrator, forthwith
47 notify the filing party of the index number and the date and time of
48 filing. A confirmation record produced by the filing party's facsimile
49 machine or computer and an affidavit of filing by the filing party,
50 shall be prima facie evidence that the filing party transmitted docu-
51 ments consistent with the date, time and place appearing on the confir-
52 mation record.
53 § 4. Section 304 of the civil practice law and rules, as amended by
54 chapter 606 of the laws of 1996, is amended to read as follows:
55 § 304. Method of commencing action or special proceeding. An action
56 is commenced by filing a summons and complaint or summons with notice;
S. 1958 3
1 except that where an action alleges medical malpractice or professional
2 medical misconduct, two copies of said summons and complaint must be
3 filed with said clerk of the court with a notice on the front of the
4 summons stating that such action alleges such conduct; provided that a
5 failure to file a second copy with the county clerk shall not be grounds
6 for dismissal of any action initiated pursuant to this chapter; and
7 provided further that said failure to file such second copy shall not
8 relieve the county clerk from the obligation to forward a copy of the
9 filed pleading to the commissioner of health. A special proceeding is
10 commenced by filing a notice of petition or order to show cause and a
11 petition. Where a court finds that circumstances prevent immediate
12 filing, the signing of an order requiring the subsequent filing at a
13 specific time and date not later than five days thereafter shall
14 commence the action. For purposes of this section, and for purposes of
15 sections two hundred three and three hundred six-a of this chapter,
16 filing shall mean the delivery of the summons with notice, summons and
17 complaint, notice of petition or order to show cause to the clerk of the
18 court in the county in which the action or special proceeding is brought
19 or any other person designated by the clerk of the court for that
20 purpose together with any fee required as specified in rule twenty-one
21 hundred two of this chapter for filing. At such time of filing, the
22 original and a copy of such papers shall be date stamped by a court
23 clerk who shall file the original and maintain a record of the date of
24 the filing and who shall immediately return the copy to the party who
25 brought the filing.
26 § 5. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-
27 tice law and rules, as amended by section 1 of part B of chapter 83 of
28 the laws of 2002, is amended to read as follows:
29 1. A county clerk is entitled, for the assignment of an index number
30 to an action pending in a court of which he or she is clerk, to a fee of
31 one hundred sixty-five dollars, payable in advance; except where an
32 action alleges medical malpractice or professional misconduct the county
33 clerk is entitled to a fee of one hundred seventy-five dollars, payable
34 in advance.
35 § 6. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law provided, however, and except that the amend-
37 ments to section 304 of the civil practice law and rules made by section
38 three of this act shall be subject to the expiration and reversion of
39 such section pursuant to section 10 of chapter 367 of the laws of 1999,
40 as amended, when upon such date the provisions of section four of this
41 act shall take effect.