S T A T E O F N E W Y O R K
________________________________________________________________________
2170
1999-2000 Regular Sessions
I N A S S E M B L Y
January 21, 1999
___________
Introduced by M. of A. RAMIREZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, the county law and the civil
practice law and rules, in relation to 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. Subdivision 12-a of section 230 of the public health law,
2 as added by a chapter of the laws of 1999, entitled "AN ACT to amend the
3 public health law, in relation to review and investigation of claims of
4 professional medical misconduct or medical malpractice", is amended by
5 adding a new paragraph (b) to read as follows:
6 (B) UPON RECEIPT BY THE COMMISSIONER OF A COPY OF A SUMMONS AND
7 COMPLAINT WHICH ALLEGES PROFESSIONAL MEDICAL MISCONDUCT AND/OR MEDICAL
8 MALPRACTICE, AS REQUIRED BY SECTION FIVE HUNDRED THIRTY-FIVE OF THE
9 COUNTY LAW, THE COMMISSIONER SHALL IMMEDIATELY REFER SAME TO THE DIREC-
10 TOR FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT, FOR A PRELIMINARY
11 REVIEW TO DETERMINE WHETHER SAID ALLEGATIONS INVOLVE PROFESSIONAL
12 MISCONDUCT AS DEFINED BY SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF
13 SECTION SIXTY-FIVE HUNDRED THIRTY OF THE EDUCATION LAW. EACH SUCH
14 SUMMONS AND COMPLAINT WHICH ALLEGES PROFESSIONAL MISCONDUCT, AS DEFINED
15 IN SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF SECTION SIXTY-FIVE HUNDRED
16 THIRTY OF THE EDUCATION LAW, SHALL BE REFERRED FOR AN INVESTIGATION IN
17 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION.
18 S 2. The county law is amended by adding a new section 535 to read as
19 follows:
20 S 535. REPORTING OF PROFESSIONAL MEDICAL MISCONDUCT AND/OR MEDICAL
21 MALPRACTICE. UPON THE FILING OF A SUMMONS AND COMPLAINT WHICH ALLEGES
22 PROFESSIONAL MEDICAL MISCONDUCT AND/OR MEDICAL MALPRACTICE PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD01147-01-9
A. 2170 2
1 SECTION THREE HUNDRED FOUR OF THE CIVIL PRACTICE LAW AND RULES, THE
2 COUNTY CLERK SHALL FORWARD A COPY OF SAME TO THE COMMISSIONER OF HEALTH.
3 S 3. Section 304 of the civil practice law and rules, as amended by
4 chapter 606 of the laws of 1996, is amended to read as follows:
5 S 304. Method of commencing action or special proceeding. An action
6 is commenced by filing a summons and complaint or summons with notice;
7 EXCEPT THAT WHERE AN ACTION ALLEGES MEDICAL MALPRACTICE OR PROFESSIONAL
8 MEDICAL MISCONDUCT, TWO COPIES OF SAID SUMMONS AND COMPLAINT MUST BE
9 FILED WITH SAID CLERK OF THE COURT WITH A NOTICE ON THE FRONT OF THE
10 SUMMONS STATING THAT SUCH ACTION ALLEGES SUCH CONDUCT; PROVIDED THAT A
11 FAILURE TO FILE A SECOND COPY WITH THE COUNTY CLERK SHALL NOT BE GROUNDS
12 FOR DISMISSAL OF ANY ACTION INITIATED PURSUANT TO THIS CHAPTER; AND
13 PROVIDED FURTHER THAT SAID FAILURE TO FILE SUCH SECOND COPY SHALL NOT
14 RELIEVE THE COUNTY CLERK FROM THE OBLIGATION TO FORWARD A COPY OF THE
15 FILED PLEADING TO THE COMMISSIONER OF HEALTH. A special proceeding is
16 commenced by filing a notice of petition or order to show cause and a
17 petition. Where a court finds that circumstances prevent immediate
18 filing, the signing of an order requiring the subsequent filing at a
19 specific time and date not later than five days thereafter shall
20 commence the action. For purposes of this section, and for purposes of
21 sections two hundred three and three hundred six-a of this chapter,
22 filing shall mean the delivery of the summons with notice, summons and
23 complaint, notice of petition or order to show cause to the clerk of the
24 court in the county in which the action or special proceeding is brought
25 or any other person designated by the clerk of the court for that
26 purpose together with any fee required as specified in rule twenty-one
27 hundred two of this chapter for filing. At such time of filing, the
28 original and a copy of such papers shall be date stamped by a court
29 clerk who shall file the original and maintain a record of the date of
30 the filing and who shall immediately return the copy to the party who
31 brought the filing.
32 S 4. The opening paragraph of subdivision (a) of section 8018 of the
33 civil practice law and rules, as amended by chapter 190 of the laws of
34 1990, is amended to read as follows:
35 A county clerk is entitled, for the assignment of an index number to
36 an action pending in a court of which he is clerk, to a fee of one
37 hundred sixty-five dollars, payable in advance; EXCEPT WHERE AN ACTION
38 ALLEGES MEDICAL MALPRACTICE OR PROFESSIONAL MISCONDUCT THE COUNTY CLERK
39 IS ENTITLED TO A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS, PAYABLE IN
40 ADVANCE.
41 S 5. This act shall take effect on the same date as a chapter of the
42 laws of 1999, entitled "AN ACT to amend the public health law, in
43 relation to review and investigation of claims of professional medical
44 misconduct or medical malpractice" takes effect.
.SO DOC A 2170 *END* BTXT 1999
Bill A02170
[ Bill
Information ]