Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to health |
Apr 24, 2009 |
referred to health |
Senate Bill S4499
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4499 (ACTIVE) - Details
2009-S4499 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4499 TITLE OF BILL : An act to amend the public health law, in relation to pain management PURPOSE OR GENERAL IDEA OF BILL : This bill will protect health care professionals from criminal liability and professional discipline for prescribing and administering pain medication, when they act within accepted professional standards. SUMMARY OF SPECIFIC PROVISIONS : Section one is the Legislative findings and intent. It establishes that appropriate pain management is medically, morally and ethically acceptable even if it indirectly hastens death. Section two of the bill contains sections 2899-a, 2899-b and 2899-c. Section 2899-a establishes that a health care professional shall not be subject to professional discipline or criminal liability when practicing within their lawful scope of practice and in accordance with reasonable standards of care, including acceptable guidelines. Section 2899-b establishes that any failure to comply with all state and federal law, including homicide, promoting, assisting causing or aiding suicide will result in professional or criminal prosecution. Section 2899-c states that this new article applies to all patients with pain, including dying patients, patients with acute pain and patients with chronic pain. JUSTIFICATION : Many patients in New York State suffer needlessly
2009-S4499 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4499 2009-2010 Regular Sessions I N S E N A T E April 24, 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 pain management THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The legislature finds that thousands of New Yorkers suffer needlessly from debilitating pain every year, a condition that can be remedied by the appropriate use of pain medications and other pain management methods. Health care professionals often hesitate to prescribe or administer these medications for fear of reprisal by public health or criminal justice authorities. This legis- lation follows the well-established public policy that the prescribing and administration of pain medications is a legitimate medical inter- vention that can improve the quality of life and avoid needless suffer- ing. It is a well established medical, moral and ethical proposition that it is acceptable to relieve pain by medications, even if the result is or may be decreased consciousness and shortening of life and the indirect hastening of death. However many health care practitioners fear that the legal system may not recognize that principle. While this legislation intends to encourage the appropriate prescribing of pain medications, it does not intend in any way to diminish New York state's strong public policy and laws against the abuse of drugs. S 2. The public health law is amended by adding a new article 28-F to read as follows: ARTICLE 28-F PAIN MANAGEMENT SECTION 2899-M. DEFINITIONS. 2899-N. LIMITATION ON PROFESSIONAL DISCIPLINE OR CRIMINAL LIABILITY. 2899-O. ACTS SUBJECT TO PROFESSIONAL DISCIPLINE OR PROSECUTION. 2899-P. APPLICABILITY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01121-02-9
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