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Assembly Bill A4473

2009-2010 Legislative Session

Prohibits non-medical personnel and non-family members from being present during surgical procedures, except upon express, written consent of the patient

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Archive: Last Bill Status - In Assembly Committee

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2009-A4473 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง22, Pub Health L

2009-A4473 (ACTIVE) - Summary

Prohibits non-medical personnel and non-family members from being present during surgical procedures, except upon express, written consent of the patient; authorizes the commissioner of health to promulgate necessary rules and regulations.

2009-A4473 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4473

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. BRODSKY, V. LOPEZ, NOLAN, GUNTHER -- Multi-Spon-
  sored by -- M. of A.  CHRISTENSEN, FARRELL, GALEF, MAYERSOHN, MILLMAN,
  PAULIN, SCARBOROUGH, TOWNS -- read once and referred to the  Committee
  on Health

AN  ACT  to  amend  the  public health law, in relation to requiring the
  express, written consent of a patient to  authorize  the  presence  of
  non-medical personnel during surgery

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding a new section 22
to read as follows:
  S 22. PERSONS AUTHORIZED IN OPERATING ROOMS. 1. NO PERSON, OTHER  THAN
HEALTH  CARE  PROFESSIONALS  LICENSED  PURSUANT  TO  THE  EDUCATION LAW,
PERSONS TRAINING TO BECOME SUCH A PROFESSIONAL, EMERGENCY MEDICAL  TECH-
NICIANS  CERTIFIED  PURSUANT  TO  ARTICLE  THIRTY  OF  THIS CHAPTER, AND
MEMBERS OF THE PATIENT'S IMMEDIATE FAMILY, SHALL BE PRESENT IN ANY  ROOM
IN WHICH SURGERY IS BEING CONDUCTED.
  2.  THE  PROVISIONS  OF  SUBDIVISION ONE OF THIS SECTION SHALL ONLY BE
WAIVED UPON THE EXPRESS WRITTEN CONSENT OF THE  SURGICAL  PATIENT.  SUCH
CONSENT  SHALL  BE  SIGNED  BY  SUCH  PATIENT  AND THE SURGEON AND SHALL
SPECIFICALLY NAME THE OTHERWISE  UNAUTHORIZED  PERSONS  WHO  ARE  TO  BE
PERMITTED TO BE PRESENT DURING SURGERY.
  3.  THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08202-01-9

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