assembly Bill A7346

2015-2016 Legislative Session

Establishes requirements for the informed consent to the provision of medical procedures; repealer

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to health
May 06, 2015 referred to health

A7346 (ACTIVE) - Details

See Senate Version of this Bill:
S1424
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add Art 17 §§1700 - 1707, rpld §2404 sub 4, §2404-a sub 3, §§2442, 2499 & 2805-d, §2783 sub 4, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7550
2017-2018: A5888, S168
2019-2020: A2410, S1029
2021-2022: A4954, S1172

A7346 (ACTIVE) - Summary

Establishes requirements for the informed consent to the provision of medical procedures by the patient or his or her legally authorized representative.

A7346 (ACTIVE) - Bill Text download pdf

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

                                  7346

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
  tee on Health

AN  ACT  to amend the public health law, in relation to the provision of
  informed consent, by patients or their representatives, to medical and
  surgical procedures; and to repeal  certain  provisions  of  such  law
  relating thereto

  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 article 17
to read as follows:
                               ARTICLE 17
                            INFORMED CONSENT
SECTION 1700. DEFINITIONS.
        1701. NOTICE OF RIGHT TO INFORMED CONSENT.
        1702. DUTY TO OBTAIN INFORMED CONSENT.
        1703. PROCEDURES AND SURGERY REQUIRING INFORMED CONSENT.
        1704. SURGERY; INFORMED CONSENT NOT REQUIRED.
        1705. CAPACITY TO PROVIDE INFORMED CONSENT.
        1706. SCOPE OF INFORMED CONSENT.
        1707. PATIENT INVOLVEMENT IN THEIR CARE.
  S 1700. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "EMERGENCY" MEANS A CIRCUMSTANCE IN WHICH A PATIENT'S CONDITION  IS
SUCH THAT A FAILURE TO PROVIDE HOSPITALIZATION, MEDICAL TREATMENT AND/OR
SURGERY  TO A PATIENT WOULD RESULT IN UNDUE SUFFERING, DEATH OR SUBSTAN-
TIAL IMPAIRMENT OF PHYSICAL OR MENTAL FUNCTION.
  2. "INFORMED CONSENT" MEANS THE LEGALLY EFFECTIVE KNOWING CONSENT OF A
PATIENT OR HIS OR HER LEGALLY AUTHORIZED REPRESENTATIVE, SO SITUATED  AS
TO  BE ABLE TO EXERCISE FREE POWER OF CHOICE WITHOUT UNDUE INDUCEMENT OR
ANY ELEMENT OF FORCE, FRAUD, DECEIT, DURESS OR OTHER FORM OF  CONSTRAINT
OR  COERCION.  WITH REGARD TO CONSENT TO A MEDICAL PROCEDURE OR SURGERY,
THE ELEMENTS OF INFORMATION NECESSARY FOR CONSENT INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05851-03-5