assembly Bill A4440

2013-2014 Legislative Session

Prohibits participation in torture and improper treatment of prisoners by health care professionals

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2014 reported referred to rules
May 12, 2014 reported referred to codes
Jan 08, 2014 referred to higher education
Jun 17, 2013 ordered to third reading rules cal.313
rules report cal.313
reported
Jun 04, 2013 reported referred to rules
May 21, 2013 reported referred to codes
Feb 05, 2013 referred to higher education

Co-Sponsors

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Multi-Sponsors

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A4440 - Details

See Senate Version of this Bill:
S2397
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 Previous Legislative Sessions:
2011-2012: A5891A, S6795
2009-2010: A6665C

A4440 - 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.

A4440 - Bill Text download pdf

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

                                  4440

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced by M. of A. GOTTFRIED, CAHILL, RIVERA, SCHIMEL, GLICK, CLARK,
  MILLMAN,  ROBINSON,  PAULIN,  HOOPER, KELLNER, JAFFEE, BARRON, LIFTON,
  COOK, PERRY, ENGLEBRIGHT, O'DONNELL, ARROYO,  MARKEY,  TITONE,  ROSEN-
  THAL,  KAVANAGH,  STEVENSON,  HEVESI -- Multi-Sponsored by -- M. of A.
  BRENNAN, DINOWITZ, FARRELL, GALEF, GIBSON, HEASTIE, LUPARDO,  PEOPLES-
  STOKES, PRETLOW, SCARBOROUGH, SWEENEY, WEISENBERG, WRIGHT -- read once
  and referred to the Committee on Higher Education

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01195-01-3

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