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--D
            Cal. No. 454

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 10, 2019
                                       ___________

        Introduced  by  Sens. PERSAUD, BIAGGI, BOYLE, CARLUCCI, HOYLMAN, KAPLAN,
          KRUEGER, MARTINEZ, SKOUFIS, 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 commit-
          tee -- 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 -- passed
          by Senate and delivered to the Assembly, recalled, vote  reconsidered,
          restored  to  third  reading, amended and ordered reprinted, retaining
          its place in the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00866-14-9
        S. 1092--D                          2

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