Assembly Bill A3079

2017-2018 Legislative Session

Prohibits participation in torture and improper treatment of prisoners by health care professionals

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Archive: Last Bill Status - On Floor Calendar


  • 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-A3079 (ACTIVE) - Details

See Senate Version of this Bill:
S112
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: A5891, S6795
2013-2014: A4440, S2397
2015-2016: A4489, S105
2019-2020: A1192, S596
2021-2022: A306, S794
2023-2024: A4863, S3228

2017-A3079 (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.

2017-A3079 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3079
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced by M. of A. GOTTFRIED, CAHILL, RIVERA, GLICK, PAULIN, HOOPER,
   JAFFEE,  LIFTON,  COOK, PERRY, ENGLEBRIGHT, O'DONNELL, ARROYO, TITONE,
   ROSENTHAL, McDONALD, KAVANAGH, HEVESI, BRONSON, FAHY, MOSLEY,  WEPRIN,
   OTIS,  STECK,  PICHARDO,  SEPULVEDA, AUBRY, ORTIZ, SEAWRIGHT -- Multi-
   Sponsored by -- M.  of A. CARROLL, DINOWITZ, FARRELL, GALEF,  LUPARDO,
   PEOPLES-STOKES,  PRETLOW -- read once and referred to the Committee on
   Higher Education
 
 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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