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Assembly Bill A4746

2019-2020 Legislative Session

Relates to requiring private hospitals to provide notice of prohibited procedures to patients

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Archive: Last Bill Status - On Floor Calendar

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2019-A4746 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2984 & 2994-n, Pub Health L

2019-A4746 (ACTIVE) - Summary

Relates to requiring private hospitals to provide notice of prohibited procedures to patients due to policies based on religious or sincerely held moral convictions central to the facility's operating principles.

2019-A4746 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4746
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  private
   hospitals to provide notice of prohibited procedures to patients
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision  3  of  section  2984  of  the
 public  health  law,  as  amended  by  chapter 8 of the laws of 2010, is
 amended and a new subdivision 6 is added to read as follows:
   (a) the hospital has informed the patient or the health care agent  of
 such  policy [prior to or upon admission, if reasonably possible] PURSU-
 ANT TO SUBDIVISION SIX OF THIS SECTION; and
   6. A PRIVATE HOSPITAL SHALL INFORM A PATIENT OR HIS OR HER AGENT PRIOR
 TO OR UPON ADMISSION, IF REASONABLY POSSIBLE, OF ANY MEDICAL  PROCEDURES
 THAT  SUCH  HOSPITAL REFUSES TO PERFORM DUE TO A FORMALLY ADOPTED POLICY
 OF THE HOSPITAL THAT IS EXPRESSLY BASED ON RELIGIOUS BELIEFS OR SINCERE-
 LY HELD MORAL CONVICTIONS CENTRAL TO THE  FACILITY'S  OPERATING  PRINCI-
 PLES.
   §  2.  Paragraph  (b) of subdivision 1 of section 2994-n of the public
 health law, as added by chapter 8 of the laws of 2010, is amended and  a
 new subdivision 1-a is added to read as follows:
   (b)  The  hospital  has  informed the patient, family, or surrogate of
 such policy [prior to or upon admission, if reasonably possible]  PURSU-
 ANT TO SUBDIVISION ONE-A OF THIS SECTION; and
   1-A.  PRIVATE  HOSPITAL  NOTICE  OF  PROHIBITED  PROCEDURES. A PRIVATE
 HOSPITAL SHALL INFORM A PATIENT OR HIS OR HER AGENT  PRIOR  TO  OR  UPON
 ADMISSION,  IF  REASONABLY POSSIBLE, OF ANY MEDICAL PROCEDURES THAT SUCH
 HOSPITAL REFUSES TO PERFORM DUE TO A  FORMALLY  ADOPTED  POLICY  OF  THE
 HOSPITAL  THAT IS EXPRESSLY BASED ON RELIGIOUS BELIEFS OR SINCERELY HELD
 MORAL CONVICTIONS CENTRAL TO THE FACILITY'S OPERATING PRINCIPLES.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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