S T A T E O F N E W Y O R K
________________________________________________________________________
4937
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. GIGLIO, FINCH -- Multi-Sponsored by -- M. of A.
McDONOUGH -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to drug counseling
for hospital patients
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
2503-a to read as follows:
S 2503-A. DRUG COUNSELING FOR HOSPITAL PATIENTS. 1. PRIOR TO THE
INITIAL ADMINISTERING OF A DRUG BY AN ATTENDING PHYSICIAN OR NURSE
PROVIDING HOSPITAL SERVICE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
FOUR OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, TO A PATIENT,
THE ATTENDING PHYSICIAN OR NURSE SHALL PERSONALLY OFFER TO COUNSEL EACH
PATIENT OR PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT, IN PERSON
IN A FACE-TO-FACE MEETING WHENEVER PRACTICABLE, OR BY TELEPHONE IN THE
INSTANCE WHERE A PERSON IS AUTHORIZED TO ACT ON BEHALF OF THE PATIENT,
MATTERS WHICH IN THE EXERCISE OF THE ATTENDING PHYSICIAN'S OR NURSE'S
PROFESSIONAL JUDGMENT, THE ATTENDING PHYSICIAN OR NURSE DEEMS APPROPRI-
ATE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) THE NAME AND DESCRIPTION OF THE MEDICATION;
(B) DOSAGE FORM, DOSAGE, ROUTE OF ADMINISTRATION AND DURATION OF DRUG
THERAPY; AND
(C) COMMON SEVERE SIDE OR ADVERSE PHYSICAL OR MENTAL HEALTH EFFECTS
THAT MAY BE ENCOUNTERED.
2. THE OFFER TO COUNSEL THE PATIENT OR PERSON AUTHORIZED TO ACT ON
BEHALF OF THE PATIENT SHALL BE PROVIDED PERSONALLY BY THE ATTENDING
PHYSICIAN OR NURSE AND SHALL NOT BE DELEGATED TO ANY OTHER INDIVIDUAL.
3. IF THE OFFERING OF COUNSELING IS ACCEPTED, THE ATTENDING PHYSICIAN
OR NURSE SHALL COUNSEL THE PATIENT OR PERSON AUTHORIZED TO ACT ON BEHALF
OF THE PATIENT ON THE INFORMATION PURSUANT TO SUBDIVISION ONE OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00726-01-9
A. 4937 2
SECTION AND TO ANY ADDITIONAL EXTENT THE ATTENDING PHYSICIAN OR NURSE
DEEMS APPROPRIATE IN HIS OR HER PROFESSIONAL JUDGMENT.
4. IN THE EVENT A PATIENT OR PERSON AUTHORIZED TO ACT ON BEHALF OF THE
PATIENT CHOOSES NOT TO ACCEPT COUNSELING, AN ATTENDING PHYSICIAN OR
NURSE MAY ADMINISTER THE DRUG WITHOUT HAVING VIOLATED THE REQUIREMENTS
OF THIS SECTION.
5. THE ATTENDING PHYSICIAN OR NURSE SHALL NOTE ON THE PATIENT'S
RECORD:
(A) THE TIME AND DATE THE OFFER OF COUNSELING WAS MADE;
(B) THE DECISION TO ACCEPT OR REJECT THE COUNSELING MADE BY THE
PATIENT OR PERSON AUTHORIZED TO ACT ON BEHALF OF THE PATIENT; AND
(C) ON A SEPARATE FORM ESTABLISHED BY THE COMMISSIONER TO BE KEPT IN
THE PATIENT'S RECORD, AN ACKNOWLEDGMENT MADE BY THE PATIENT OR PERSON
AUTHORIZED TO ACT ON BEHALF OF THE PATIENT OF HIS OR HER DECISION. IF
THE OFFER OF COUNSELING IS MADE BY TELEPHONE IN THE INSTANCE WHERE A
PERSON IS AUTHORIZED TO ACT ON BEHALF OF THE PATIENT, NO ACKNOWLEDGMENT
IS NECESSARY AND THE ATTENDING PHYSICIAN OR NURSE SHALL NOTE ON THE
PATIENT'S RECORD THE TIME AND DATE THE OFFER OF COUNSELING WAS MADE AND
THE DECISION TO ACCEPT OR REJECT THE COUNSELING MADE BY THE PERSON
AUTHORIZED TO ACT ON BEHALF OF THE PATIENT.
6. THIS SECTION SHALL NOT APPLY IN CASES INVOLVING EMERGENCY MEDICAL
TREATMENT, OUT-PATIENT CARE AND POST DISCHARGE CARE.
7. THIS SECTION SHALL NOT BE CONSTRUED AS CREATING A NEW CAUSE OF
ACTION OR AS IMPOSING AFFIRMATIVE LIABILITY SEPARATE AND APART FROM ANY
STATUTORY OR CASE LAW IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.