senate Bill S2907

2011-2012 Legislative Session

Expands the definition of health care provider relating to sex offenses

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 03, 2011 referred to codes

Co-Sponsors

S2907 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2560

S2907 - Bill Texts

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Expands the definition of "health care provider" relating to sex offenses to include nurses, x-ray technicians and radiologic technicians.

view sponsor memo
BILL NUMBER:S2907

TITLE OF BILL:

An act
to amend the penal law, in relation to expanding the definition of health
care provider relating to sex offenses

PURPOSE:

To expand the definition of "health care provider," for the purposes
of consenting to a sexual act, to include nurses and x-ray technicians.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds professionals in the fields of nursing or
x-ray technology to the list of professions covered by the term
"health care provider."

Section 2 establishes the effective date of the act.

EXISTING LAW:

Currently, section 130.00(12) of the Penal Law defines "health care
provider" to be professionals in the fields of medicine,
chiropractic, dentistry, or podiatry.

JUSTIFICATION:

Section 130.05(h) of the Penal Law states that patients or clients
under the care of a health care provider are deemed incapable of
consent, for the purposes of sex offenses. Nurses and x-ray
technicians, however, are not included in this definition of "health
care provider," which can be found in section 130.00 of the Penal Law.

Most people recognize the important role nurses and x-ray technicians
pay in the delivery of health care services. As health care
professionals, they play important roles in the lives of their
patients. Recently. a Syracuse-area judge was forced to dismiss a
charge against an x-ray technician because individuals in the field
are not covered by this section of the Penal Law.

By adding nurses and x-ray technicians to the category of "health care
provider." this act corrects an unfortunate omission in section
130.00(12) of the Penal Law.

LEGISLATIVE HISTORY:

S.6839/A.10508 of 2005-2006
S.2421/A.4777 of 2007-2008
S.2560 of 2009-2010

FISCAL IMPLICATIONS:

None.


LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  2907

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, LARKIN, RANZENHOFER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT  to amend the penal law, in relation to expanding the definition
  of health care provider relating to sex offenses

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

  Section 1. Subdivision 12 of section 130.00 of the penal law, as added
by chapter 1 of the laws of 2000, is amended to read as follows:
  12.  "Health care provider" means any person who is, or is required to
be, licensed or registered  or  holds  himself  or  herself  out  to  be
licensed  or  registered,  or  provides  services  as  if he or she were
licensed or registered in  the  profession  of  medicine,  chiropractic,
dentistry  [or],  NURSING,  podiatry  OR  X-RAY TECHNOLOGY OR RADIOLOGIC
TECHNOLOGY under any of the following: article one  hundred  thirty-one,
one   hundred   thirty-two,   one   hundred  thirty-three,  ONE  HUNDRED
THIRTY-NINE or one hundred forty-one of the  education  law  OR  ARTICLE
THIRTY-FIVE OF THE PUBLIC HEALTH LAW.
  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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03770-01-1

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