§ 2995-a. Physician profiles. 1. The department shall collect the\nfollowing information and create individual profiles on licensees\nsubject to the authority of the office of professional medical conduct,\nin a format that shall be available for dissemination to the public:\n (a) a statement of any criminal convictions (as defined by section\n1.20 of the criminal procedure law) within the most recent ten years,\nunder the laws of New York state or any other jurisdiction, for offenses\nspecified by regulations of the department;\n (b) a statement of any action (other than an action that remains\nconfidential) taken against the licensee pursuant to section two hundred\nthirty of this chapter or any similar action taken by any other state or\nlicensing entity, within the most recent ten years;\n (c) a statement of any current limitation of the licensee to a\nspecified area, type, scope or condition of practice;\n (d) a statement of any loss or involuntary restriction of hospital\nprivileges or a failure to renew professional privileges at hospitals\nwithin the last ten years, for reasons related to the quality of patient\ncare delivered or to be delivered by the physician where procedural due\nprocess has been afforded, exhausted, or waived, or the resignation from\nor removal of medical staff membership or restriction of privileges at a\nhospital taken in lieu of a pending disciplinary case related to the\nquality of patient care delivered or to be delivered by the physician\n(notwithstanding paragraph (a) of subdivision three of section\ntwenty-eight hundred three-e of this chapter, as added by chapter eight\nhundred sixty-six of the laws of nineteen hundred eighty);\n (e) (i) a statement indicating the number of medical malpractice court\njudgments and arbitration awards within the most recent ten years in\nwhich a payment is awarded to a complaining party (notwithstanding\nsubsection (f) of section three hundred fifteen of the insurance law);\nand\n (ii) a statement indicating all malpractice settlements within the\nmost recent ten years in which payment is awarded to a complaining party\n(notwithstanding subsection (f) of section three hundred fifteen of the\ninsurance law),\n (A) if the total number of settlements exceeds two; or\n (B) if the commissioner determines any such settlement could be\nrelevant to patient decisionmaking concerning health care quality. The\nstatement shall include the following: "Settlement payments will appear\nin this profile only if the total number of settlements made within the\npast ten years exceeds two, or if the commissioner of health determines\na settlement to be relevant to patient decisionmaking. Settlement of a\nclaim may occur for a variety of reasons, which do not necessarily\nreflect negatively on the professional competence or conduct of the\nphysician. A payment in settlement of a medical malpractice action or\nclaim does not necessarily mean that a medical malpractice has\noccurred." The commissioner may supplement such statement as may be\nappropriate.\n (iii) judgments, awards and settlements shall be reported in graduated\ncategories indicating the level of significance, date and place of the\njudgment, award or settlement. Information concerning medical\nmalpractice judgments, awards and settlements shall be put in context by\ncomparing an individual licensee's medical malpractice settlements to\nthe experience of other physicians in New York state within the same\nboard specialty. Pending malpractice claims shall not be disclosed to\nthe public under this section. Nothing herein shall be construed to\nprevent the board from investigating or disciplining a licensee on the\nbasis of medical malpractice claims that are pending;\n (f) name of medical schools attended and date of graduations;\n (g) graduate medical education;\n (h) current specialty board certification and date of certification;\n (i) dates admitted to practice in New York state;\n (j) names of ho
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