Assembly Bill A1062

2017-2018 Legislative Session

Makes the visual observation of a patient by unnecessary personnel without consent an unlawful discriminatory practice

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A1062 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A571
2011-2012: A61
2013-2014: A3996
2015-2016: A2095
2019-2020: A537
2021-2022: A554

2017-A1062 (ACTIVE) - Summary

Provides that it shall be an unlawful discriminatory practice for any physician, hospital or other health care provider to subject a patient with a disability to visual observation during the course of any physical examination by any person not necessary to the diagnosis or treatment of such patient or to any exhibition for medical education purposes without the patient (if competent) or the parent, guardian, committee or conservator being informed of the name, purpose or function of those in attendance and the right to refuse that examination and/or observation by the unnecessary personnel.

2017-A1062 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1062
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the executive law, in relation to requiring consent for
   visual observation of patients with disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    Section 296 of the executive law is amended by adding a
 new subdivision 19-a to read as follows:
   19-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  ANY  PHYSI-
 CIAN,  HOSPITAL, OR OTHER HEALTH CARE PROVIDER TO SUBJECT A PATIENT WITH
 A DISABILITY TO VISUAL OBSERVATION DURING THE  COURSE  OF  ANY  PHYSICAL
 EXAMINATION BY ANY PERSON NOT NECESSARY TO THE DIAGNOSIS OR TREATMENT OF
 SUCH  PATIENT  OR  ANY EXHIBITION FOR MEDICAL EDUCATION PURPOSES, UNLESS
 THE PATIENT, IF COMPETENT, OR THE PARENT OR GUARDIAN OF AN INFANT, GUAR-
 DIAN OF A MENTALLY RETARDED  OR DEVELOPMENTALLY DISABLED PERSON, COMMIT-
 TEE FOR AN INCOMPETENT OR A  CONSERVATOR  FOR  A  CONSERVATEE  HAS  BEEN
 INFORMED BY THE PHYSICIAN, HOSPITAL OR HEALTH CARE PROVIDER OF THE NAME,
 POSITION  OR  FUNCTION  OF  ANY  PERSONNEL, INCLUDING STUDENTS, THAT ARE
 AUTHORIZED TO VISUALLY OBSERVE ANY PHYSICAL  EXAMINATION  AND  THAT  THE
 PATIENT,  IF COMPETENT, OR THE PARENT OR GUARDIAN OF AN INFANT, GUARDIAN
 OF A MENTALLY RETARDED OR DEVELOPMENTALLY DISABLED PERSON, COMMITTEE FOR
 AN INCOMPETENT, OR CONSERVATOR OF A CONSERVATEE CAN REFUSE THAT EXAMINA-
 TION AND/OR OBSERVATION BY THE PERSONNEL.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01620-01-7

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