Bill Text: NY S07544 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the department of health to develop an informational pamphlet for patients undergoing pelvic examinations and to make the informational pamphlet available for use by medical practitioners performing pelvic examinations and requires medical practitioners performing pelvic exams to disseminate such pamphlets.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S07544 Detail]
Download: New_York-2019-S07544-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7544 IN SENATE January 24, 2020 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues AN ACT to amend the public health law, in relation to requiring the department of health to develop an informational pamphlet for patients undergoing pelvic examinations and to make the informational pamphlet available for use by medical practitioners performing pelvic examina- tions and to require medical practitioners performing pelvic exams to disseminate such pamphlets The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2504-b to read as follows: 3 § 2504-b. Information concerning pelvic exams. 1. On or before July 4 first, two thousand twenty, the department, in coordination with the 5 American College of Obstetricians and Gynecologists, the Medical Society 6 of the State of New York, and the New York State Academy of Family 7 Physicians shall develop an informational pamphlet for patients undergo- 8 ing pelvic examinations that includes, but is not limited to information 9 concerning, the following: 10 (a) what a pelvic exam is and how it is properly performed; 11 (b) if applicable, a description of other relevant exams; 12 (c) privacy expectations, including that privacy should be provided 13 for the patient both when undressing and dressing and that a gown or a 14 drape should be provided; 15 (d) an explanation of what a speculum is and how it should be properly 16 used during an examination; 17 (e) that gloves should be worn by the licensee during the examination; 18 and 19 (f) a telephone number for the office of professional medical conduct 20 at which a patient may report any misconduct that the patient feels may 21 have occurred. 22 2. The informational pamphlet developed pursuant to subdivision one of 23 this section shall be made available for use by licensees performing 24 pelvic examinations. The informational pamphlet shall be posted as a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14831-01-0S. 7544 2 1 printable file on the department's internet website, made available for 2 order as a printed deliverable on the department's internet website, or 3 both. 4 3. The informational pamphlet shall be written in layperson's language 5 and shall be made available in both English and Spanish. 6 4. Prior to a patient's first pelvic examination, a licensee shall 7 provide the patient the informational pamphlet developed pursuant to 8 this section and shall obtain a signed acknowledgment of receipt from 9 the patient, which shall be maintained as part of the patient's medical 10 record. 11 5. A licensee who violates this section may be cited and assessed an 12 administrative fine by the appropriate licensing board. A citation shall 13 not be issued and a fine shall not be assessed upon the first complaint 14 against a licensee who violates this section. Upon the second and subse- 15 quent complaints against a licensee who violates this section, a cita- 16 tion may be issued and an administrative fine may be assessed by the 17 appropriate licensing board. 18 6. Notwithstanding any other law, a licensee shall not be subject to 19 criminal penalties for a violation of this section. 20 7. Notwithstanding any other law, all fines collected pursuant to this 21 section for a violation of this section shall be credited to the respec- 22 tive fund or account of the appropriate licensing board that assessed 23 the fine, but shall not be expended until they are appropriated by the 24 legislature. 25 8. For purposes of this section, "licensee" means a person licensed, 26 certified, registered, or otherwise subject to regulation under the 27 education law who, acting within the scope of his or her practice in 28 accordance with standardized protocols where they exist and in conformi- 29 ty with the standard of care for his or her profession, is authorized to 30 perform pelvic examinations. 31 § 2. This act shall take effect on the one hundredth day after it 32 shall have become a law. Effective immediately the addition, amendment 33 and/or repeal of any rule or regulation necessary for the implementation 34 of this act on its effective date are authorized to be made and 35 completed on or before such date.