senate Bill S1424A

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Health 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to health
Mar 05, 2015 print number 1424a
Mar 05, 2015 amend and recommit to health
Jan 12, 2015 referred to health

S1424 - Details

See Assembly Version of this Bill:
A7346
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 2013-2014 Legislative Session:
S7550

S1424 - Summary

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

S1424 - Sponsor Memo

S1424 - Bill Text download pdf

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

                                  1424

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- 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 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.
                                                           LBD05851-01-5

S1424A (ACTIVE) - Details

See Assembly Version of this Bill:
A7346
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 2013-2014 Legislative Session:
S7550

S1424A (ACTIVE) - Summary

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

S1424A (ACTIVE) - Sponsor Memo

S1424A (ACTIVE) - Bill Text download pdf

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

                                 1424--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05851-02-5

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