senate Bill S105

2015-2016 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 Senate Committee Health Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to health
Jan 07, 2015 referred to health


S105 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §25, Pub Health L; amd §§6509 & 6530, Ed L; amd §§740 & 741, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6665
2011-2012: S6795, A5891
2013-2014: S2397, A4440
2017-2018: S112, A3079
2019-2020: S596, A1192
2021-2022: S794, A306

S105 (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.

S105 (ACTIVE) - Sponsor Memo

S105 (ACTIVE) - Bill Text download pdf

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


                       2015-2016 Regular Sessions

                            I N  S E N A T E


                             January 7, 2015

  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


  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


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