|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 22, 2012||referred to health|
senate Bill S6795
Archive: Last Bill Status - In Senate Committee Health Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6795 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add §23, Pub Health L; amd §§6509 & 6530, Ed L; amd §§740 & 741, Lab L
- Versions Introduced in Other Legislative Sessions:
2013-2014: S2397, A4440
2015-2016: S105, A4489
2017-2018: S112, A3079
2019-2020: S596, A1192
2021-2022: S794, A306
S6795 (ACTIVE) - Summary
Prohibits participation in torture and improper treatment of prisoners by health care professionals; prohibits a health care professional from engaging, assisting, planning the torture or improper treatment of a prisoner; requires health care professionals to report torture and improper treatment.
S6795 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6795 TITLE OF BILL: An act to amend the public health law, the education law and the labor law, in relation to prohibiting participation in torture and improper treatment of prisoners by health care professionals PURPOSE OR GENERAL IDEA OF BILL: To bar health care professionals from participating in torture or improper treatment of prisoners, and provide a means by which health care professionals responsible for the care of prisoners or detainees can refuse an order to directly or indirectly participate in torture and to insist on providing professionally responsible care and treatment. SUMMARY OF SPECIFIC PROVISIONS: Bill section one is a statement of the legislature's intent to give effect to existing international treaties, and standards, federal, state and local laws, and professional standards. Bill section 2 would create a new Public Health Law § 23. Subdivision 1 defines "health care professional" to include all health
S6795 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6795 I N S E N A T E March 22, 2012 ___________ 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, the education law and the labor law, in relation to prohibiting participation in torture and improper treatment of prisoners by health care professionals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative policy and intent. This legislation is based on, and is intended to give effect to, international treaties and stand- ards; federal, state and local law; and professional standards relating to torture, improper treatment of prisoners, and related matters. It is guided by two basic principles: (1) health care professionals shall be dedicated to providing the highest standard of health care, with compassion and respect for human dignity and rights; and (2) torture and improper treatment of prisoners are wrong and inconsistent with the practice of the health care professions. The legislature finds that the conduct prohibited by this act violates the ethical and legal obli- gations of licensed health care professionals. This legislation will further protect the professionalism of New York state licensed health care professionals by authorizing and obligating them to refuse to participate in torture and improper treatment of prisoners, which in turn will protect the life and health of the people of the state and those with whom New York licensed health care professionals interact. A health care professional who comes to the aid of a prisoner should not be presumed to be in violation when she or he is fulfilling the ethical principle of beneficence. In contrast, a health care professional who, for example, attends to a prisoner in order to allow torture or improper treatment to commence or continue is not acting beneficently. Such practices are inconsistent with professional ethics and standards and are violations of this legislation. The legislature is mindful that ordinarily there are limits on New York state's jurisdiction relating to conduct outside the state or under federal authority. However, it is proper for the state to regulate health care professional licensure in relation to a professional's conduct, even where the conduct occurs EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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