Bill Text: NY A06325 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Passed) 2019-10-07 - SIGNED CHAP.360 [A06325 Detail]

Download: New_York-2019-A06325-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6325--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      March 5, 2019
                                       ___________

        Introduced  by  M.  of  A.  SOLAGES,  FRONTUS,  WRIGHT, SIMON, JACOBSON,
          TAYLOR, GRIFFIN, BARRON, SIMOTAS, ASHBY, WALLACE, O'DONNELL,  EPSTEIN,
          LIFTON  --  Multi-Sponsored  by  --  M. of A. CARROLL -- read once and
          referred to the Committee on  Health  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law and the education law, in relation
          to  prohibiting the performance of a pelvic examination on an anesthe-
          tized or unconscious person

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 2504 of the public health law is amended by adding
     2  a new subdivision 7 to read as follows:
     3    7. No person shall perform  a  pelvic  examination  or  supervise  the
     4  performance  of  a  pelvic examination on an anesthetized or unconscious
     5  patient unless the person performing the pelvic examination  is  legally
     6  authorized  to  do  so and the person supervising the performance of the
     7  pelvic examination is legally authorized to do so and:
     8    (a) the patient or the patient's authorized representative gives prior
     9  oral or written informed consent specific to the pelvic examination;
    10    (b) the performance of a pelvic examination is  within  the  scope  of
    11  care  for  the surgical procedure or diagnostic examination scheduled to
    12  be performed on the patient and to which the patient has  already  given
    13  oral or written consent; or
    14    (c) the patient is unconscious and the pelvic examination is medically
    15  necessary  for  diagnostic  or treatment purposes, and the patient is in
    16  immediate need of medical attention and an  attempt  to  secure  consent

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00866-15-9
        A. 6325--C                          2

     1  would  result  in  a delay of treatment which would increase the risk to
     2  the patient's life or health.
     3    Nothing in this subdivision diminishes any other requirement to obtain
     4  informed consent for a pelvic examination or any other procedure.
     5    § 2. The public health law is amended by adding a new section 230-e to
     6  read as follows:
     7    §  230-e.  Unauthorized  pelvic examinations. For the purposes of this
     8  title, professional misconduct  shall  include  pelvic  examinations  or
     9  supervising  the  performance  of  a  pelvic examination in violation of
    10  subdivision seven of section twenty-five hundred four of this chapter.
    11    § 3. Section 6530 of the education law is  amended  by  adding  a  new
    12  subdivision 50 to read as follows:
    13    50.  Performing a pelvic examination or supervising the performance of
    14  a pelvic examination in violation of subdivision seven of section  twen-
    15  ty-five hundred four of the public health law.
    16    § 4. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.