Bill Text: NY S01092 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 11-1)

Status: (Passed) 2019-10-07 - SIGNED CHAP.360 [S01092 Detail]

Download: New_York-2019-S01092-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1092--C
            Cal. No. 454
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 10, 2019
                                       ___________
        Introduced  by  Sens.  PERSAUD, BIAGGI, BOYLE, HOYLMAN, KAPLAN, KRUEGER,
          MARTINEZ, STAVISKY, THOMAS -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to  said  committee  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading
        AN ACT to amend the education law, in relation to including in the defi-
          nition  of  professional  misconduct  performing  a pelvic examination
          without consent on an anesthetized 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  6530 of the education law is amended by adding a
     2  new subdivision 50 to read as follows:
     3    50. Performing a pelvic examination or supervising the performance  of
     4  a pelvic examination on an anesthetized or unconscious patient unless:
     5    (a) the patient or the patient's authorized representative gives prior
     6  verbal or written informed consent to the pelvic examination;
     7    (b)  the  performance  of  a pelvic examination is within the scope of
     8  care for the surgical procedure or diagnostic examination  scheduled  to
     9  be  performed  on the patient and to which the patient has already given
    10  verbal or written consent; or
    11    (c) the patient is unconscious and the pelvic examination is necessary
    12  for diagnostic or treatment purposes.
    13    § 2. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00866-06-9