S T A T E O F N E W Y O R K
________________________________________________________________________
1927
2009-2010 Regular Sessions
I N S E N A T E
February 10, 2009
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to authorizing the
health department to develop regulations pertaining to hospital
patients and responsible persons with a hearing impairment
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
2805-t to read as follows:
S 2805-T. HOSPITAL; PERSONS WITH A HEARING IMPAIRMENT. 1. THE FOLLOW-
ING DEFINITIONS SHALL APPLY TO THIS SECTION:
(A) "HEARING IMPAIRMENT" MEANS A CONDITION THAT HAS RENDERED A PERSON
HARD OF HEARING, DEAF, OR DEAF-BLIND.
(B) "PATIENT" MEANS A PERSON RECEIVING HEALTH CARE AT A HOSPITAL.
(C) "RESPONSIBLE PERSON" MEANS A PARENT, GUARDIAN, SPOUSE, DOMESTIC
PARTNER OR PERSON OTHERWISE RESPONSIBLE FOR THE HEALTH CARE DECISIONS OF
A PATIENT.
2. THE DEPARTMENT SHALL ADOPT REGULATIONS CONCERNING PATIENTS AND
RESPONSIBLE PERSONS WHO HAVE A HEARING IMPAIRMENT, WHICH SHALL REQUIRE
AT LEAST THE FOLLOWING:
(A) EXCEPT WHERE NOT MEDICALLY FEASIBLE, ALL HOSPITALS SHALL ASCERTAIN
AT THE TIME OF ADMISSION WHETHER A PATIENT OR RESPONSIBLE PERSON HAS A
HEARING IMPAIRMENT. IF SO, THE HOSPITAL SHALL ASCERTAIN WHETHER OR NOT
HE OR SHE NEEDS AN INTERPRETER OR AN ASSISTIVE LISTENING DEVICE AND HIS
OR HER PREFERRED METHOD OF COMMUNICATION.
(B) WHEN NECESSARY, HOSPITALS SHALL FURNISH A QUALIFIED INTERPRETER TO
ENSURE EFFECTIVE COMMUNICATION BETWEEN A PATIENT OR RESPONSIBLE PERSON
WITH A HEARING IMPAIRMENT AND THE PATIENT'S PHYSICIAN AND OTHER HOSPITAL
PERSONNEL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01362-01-9
S. 1927 2
(C) A PATIENT OR RESPONSIBLE PERSON WITH A HEARING IMPAIRMENT MAY
DESIGNATE A PERSON TO SERVE AS AN INTERPRETER FOR THE PURPOSES OF THIS
SECTION.
(D) HOSPITALS SHALL MAKE AVAILABLE AUXILIARY HEARING AIDS AND ASSIS-
TIVE LISTENING DEVICES, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
HEARING AID-COMPATIBLE TELEPHONES, TELEPHONE HANDSET AMPLIFIERS, AND
TELECOMMUNICATION DEVICES FOR THE DEAF WHERE NECESSARY TO ENSURE EFFEC-
TIVE COMMUNICATION.
(E) THE RESTRAINT OF THE HANDS OF A PATIENT WHO HAS A HEARING IMPAIR-
MENT SHALL BE MINIMIZED.
(F) PROCEDURES SHALL BE DEVELOPED TO RECEIVE AND ADDRESS GRIEVANCES
CONCERNING REGULATIONS PROMULGATED UNDER THIS SECTION.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that any regulations necessary for the implementation of this act on its
effective date shall be promulgated on or before such date.