senate Bill S1092E

Signed By Governor
2019-2020 Legislative Session

Relates to the performance of a pelvic examination on an anesthetized or unconscious person

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Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (26)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 07, 2019 signed chap.360
Oct 01, 2019 delivered to governor
Jun 18, 2019 returned to senate
passed assembly
ordered to third reading rules cal.273
substituted for a6325c
Jun 14, 2019 referred to codes
returned to assembly
repassed senate
Jun 11, 2019 amended on third reading 1092e
Jun 05, 2019 amended on third reading (t) 1092d
Jun 05, 2019 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
May 13, 2019 referred to health
delivered to assembly
passed senate
May 06, 2019 amended on third reading 1092c
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.454
Apr 01, 2019 print number 1092b
Apr 01, 2019 amend and recommit to health
Feb 06, 2019 print number 1092a
Feb 06, 2019 amend (t) and recommit to health
Jan 10, 2019 referred to health

Votes

view votes

Apr 9, 2019 - Health committee Vote

S1092A
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 9, 2019

aye wr (1)
excused (1)

S1092 - Details

See Assembly Version of this Bill:
A6325
Law Section:
Public Health Law
Laws Affected:
Amd §2504, add §230-e, Pub Health L; amd §6530, Ed L

S1092 - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

S1092 - Sponsor Memo

S1092 - Bill Text download pdf


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

                                  1092

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to requiring  consent
  to  perform  a  pelvic  examination  on an anesthetized or unconscious
  person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2827 to read as follows:
  § 2827. PELVIC EXAMINATIONS ON ANESTHETIZED OR UNCONSCIOUS PERSONS. NO
PERSON SHALL PERFORM A PELVIC EXAMINATION ON AN ANESTHETIZED  OR  UNCON-
SCIOUS PERSON UNLESS:
  1.  SUCH PERSON RECEIVING THE PELVIC EXAMINATION GIVES PRIOR VERBAL OR
WRITTEN INFORMED CONSENT TO THE PELVIC EXAMINATION;
  2. THE PERFORMANCE OF A PELVIC EXAMINATION IS WITHIN THE SCOPE OF CARE
FOR THE SURGICAL PROCEDURE OR DIAGNOSTIC  EXAMINATION  SCHEDULED  TO  BE
PERFORMED ON SUCH PERSON RECEIVING THE PELVIC EXAMINATION; OR
  3. SUCH PERSON RECEIVING THE PELVIC EXAMINATION IS UNCONSCIOUS AND THE
PELVIC EXAMINATION IS REQUIRED FOR DIAGNOSTIC PURPOSES.
  § 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00866-01-9

Co-Sponsors

view additional co-sponsors

S1092A - Details

See Assembly Version of this Bill:
A6325
Law Section:
Public Health Law
Laws Affected:
Amd §2504, add §230-e, Pub Health L; amd §6530, Ed L

S1092A - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

S1092A - Sponsor Memo

S1092A - Bill Text download pdf


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

                                 1092--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to including in the defi-
  nition  of  professional  misconduct  performing  a pelvic examination
  without consent on an anesthetized or unconscious person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Section 6530 of the education law is amended by adding a
new subdivision 50 to read as follows:
  50. PERFORMING A PELVIC EXAMINATION OR SUPERVISING A  PELVIC  EXAMINA-
TION  PERFORMED BY AN INDIVIDUAL PRACTICING UNDER THE SUPERVISION OF THE
LICENSEE ON AN ANESTHETIZED OR UNCONSCIOUS FEMALE PATIENT WITHOUT  FIRST
OBTAINING  THE  PATIENT'S  INFORMED  CONSENT  TO THE PELVIC EXAMINATION,
UNLESS THE PERFORMANCE OF A PELVIC EXAMINATION IS WITHIN  THE  SCOPE  OF
THE  SURGICAL PROCEDURE OR DIAGNOSTIC EXAMINATION TO BE PERFORMED ON THE
PATIENT FOR WHICH INFORMED CONSENT HAS OTHERWISE BEEN OBTAINED OR IN THE
CASE OF AN UNCONSCIOUS PATIENT, THE PELVIC EXAMINATION IS  REQUIRED  FOR
DIAGNOSTIC PURPOSES AND IS MEDICALLY NECESSARY.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00866-02-9

Sponsor's Position

"In New York, we have empowered women with rights over their bodies and this issue is no different.

Co-Sponsors

view additional co-sponsors

S1092B - Details

See Assembly Version of this Bill:
A6325
Law Section:
Public Health Law
Laws Affected:
Amd §2504, add §230-e, Pub Health L; amd §6530, Ed L

S1092B - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

S1092B - Sponsor Memo

S1092B - Bill Text download pdf


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

                                 1092--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by Sens. PERSAUD, BIAGGI, BOYLE, HOYLMAN, KRUEGER, MARTINEZ,
  STAVISKY, THOMAS -- read twice and ordered printed, and  when  printed
  to  be  committed  to the Committee on Health -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to including in the defi-
  nition of professional  misconduct  performing  a  pelvic  examination
  without consent on an anesthetized or unconscious person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6530 of the education law is amended  by  adding  a
new subdivision 50 to read as follows:
  50.  PERFORMING  A PELVIC EXAMINATION OR SUPERVISING A PELVIC EXAMINA-
TION PERFORMED BY AN INDIVIDUAL PRACTICING UNDER THE SUPERVISION OF  THE
LICENSEE ON AN ANESTHETIZED OR UNCONSCIOUS PATIENT WITHOUT FIRST OBTAIN-
ING THE PATIENT'S INFORMED CONSENT TO THE PELVIC EXAMINATION, UNLESS THE
PERFORMANCE  OF A PELVIC EXAMINATION IS WITHIN THE SCOPE OF THE SURGICAL
PROCEDURE OR DIAGNOSTIC EXAMINATION TO BE PERFORMED ON THE  PATIENT  FOR
WHICH  INFORMED CONSENT HAS OTHERWISE BEEN OBTAINED OR IN THE CASE OF AN
UNCONSCIOUS PATIENT, THE PELVIC EXAMINATION IS REQUIRED  FOR  DIAGNOSTIC
PURPOSES AND IS MEDICALLY NECESSARY.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00866-04-9

Co-Sponsors

view additional co-sponsors

S1092C - Details

See Assembly Version of this Bill:
A6325
Law Section:
Public Health Law
Laws Affected:
Amd §2504, add §230-e, Pub Health L; amd §6530, Ed L

S1092C - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

S1092C - Sponsor Memo

S1092C - Bill Text download pdf


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

                                 1092--C
    Cal. No. 454

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by  Sens.  PERSAUD, BIAGGI, BOYLE, HOYLMAN, KAPLAN, KRUEGER,
  MARTINEZ, STAVISKY, THOMAS -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN ACT to amend the education law, in relation to including in the defi-
  nition  of  professional  misconduct  performing  a pelvic examination
  without consent on an anesthetized or unconscious person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6530 of the education law is amended by adding a
new subdivision 50 to read as follows:
  50. PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE  OF
A PELVIC EXAMINATION ON AN ANESTHETIZED OR UNCONSCIOUS PATIENT UNLESS:
  (A) THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE GIVES PRIOR
VERBAL OR WRITTEN INFORMED CONSENT TO THE PELVIC EXAMINATION;
  (B)  THE  PERFORMANCE  OF  A PELVIC EXAMINATION IS WITHIN THE SCOPE OF
CARE FOR THE SURGICAL PROCEDURE OR DIAGNOSTIC EXAMINATION  SCHEDULED  TO
BE  PERFORMED  ON THE PATIENT AND TO WHICH THE PATIENT HAS ALREADY GIVEN
VERBAL OR WRITTEN CONSENT; OR
  (C) THE PATIENT IS UNCONSCIOUS AND THE PELVIC EXAMINATION IS NECESSARY
FOR DIAGNOSTIC OR TREATMENT PURPOSES.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00866-06-9

Co-Sponsors

view additional co-sponsors

S1092D - Details

See Assembly Version of this Bill:
A6325
Law Section:
Public Health Law
Laws Affected:
Amd §2504, add §230-e, Pub Health L; amd §6530, Ed L

S1092D - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

S1092D - Sponsor Memo

S1092D - Bill Text download pdf


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

                                 1092--D
    Cal. No. 454

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by  Sens. PERSAUD, BIAGGI, BOYLE, CARLUCCI, HOYLMAN, KAPLAN,
  KRUEGER, MARTINEZ, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading -- passed
  by Senate and delivered to the Assembly, recalled, vote  reconsidered,
  restored  to  third  reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the public health law and the education law, in relation
  to prohibiting the performance of a pelvic examination on an  anesthe-
  tized or unconscious person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2504 of the public health law is amended by  adding
a new subdivision 7 to read as follows:
  7.  NO  PERSON  SHALL  PERFORM  A  PELVIC EXAMINATION OR SUPERVISE THE
PERFORMANCE OF A PELVIC EXAMINATION ON AN  ANESTHETIZED  OR  UNCONSCIOUS
PATIENT  UNLESS  THE PERSON PERFORMING THE PELVIC EXAMINATION IS LEGALLY
AUTHORIZED TO DO SO AND THE PERSON SUPERVISING THE  PERFORMANCE  OF  THE
PELVIC EXAMINATION IS LEGALLY AUTHORIZED TO DO SO AND:
  (A) THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE GIVES PRIOR
ORAL OR WRITTEN INFORMED CONSENT SPECIFIC TO THE PELVIC EXAMINATION;
  (B)  THE  PERFORMANCE  OF  A PELVIC EXAMINATION IS WITHIN THE SCOPE OF
CARE FOR THE SURGICAL PROCEDURE OR DIAGNOSTIC EXAMINATION  SCHEDULED  TO
BE  PERFORMED  ON THE PATIENT AND TO WHICH THE PATIENT HAS ALREADY GIVEN
ORAL OR WRITTEN CONSENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S1092E (ACTIVE) - Details

See Assembly Version of this Bill:
A6325
Law Section:
Public Health Law
Laws Affected:
Amd §2504, add §230-e, Pub Health L; amd §6530, Ed L

S1092E (ACTIVE) - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

S1092E (ACTIVE) - Sponsor Memo

S1092E (ACTIVE) - Bill Text download pdf


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

                                 1092--E
    Cal. No. 454

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by  Sens. PERSAUD, BIAGGI, BOYLE, CARLUCCI, HOYLMAN, KAPLAN,
  KRUEGER, MARTINEZ, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading -- passed
  by Senate and delivered to the Assembly, recalled, vote  reconsidered,
  restored  to  third  reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- again amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law and the education law, in relation
  to  prohibiting the performance of a pelvic examination on an anesthe-
  tized or unconscious person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 2504 of the public health law is amended by adding
a new subdivision 7 to read as follows:
  7. NO PERSON SHALL PERFORM  A  PELVIC  EXAMINATION  OR  SUPERVISE  THE
PERFORMANCE  OF  A  PELVIC EXAMINATION ON AN ANESTHETIZED OR UNCONSCIOUS
PATIENT UNLESS THE PERSON PERFORMING THE PELVIC EXAMINATION  IS  LEGALLY
AUTHORIZED  TO  DO  SO AND THE PERSON SUPERVISING THE PERFORMANCE OF THE
PELVIC EXAMINATION IS LEGALLY AUTHORIZED TO DO SO AND:
  (A) THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE GIVES PRIOR
ORAL OR WRITTEN INFORMED CONSENT SPECIFIC TO THE PELVIC EXAMINATION;
  (B) THE PERFORMANCE OF A PELVIC EXAMINATION IS  WITHIN  THE  SCOPE  OF
CARE  FOR  THE SURGICAL PROCEDURE OR DIAGNOSTIC EXAMINATION SCHEDULED TO
BE PERFORMED ON THE PATIENT AND TO WHICH THE PATIENT HAS  ALREADY  GIVEN
ORAL OR WRITTEN CONSENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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