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
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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