Senate Bill S7544

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7544
 
                             I N  S E N A T E
 
                             January 24, 2020
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department of health to develop an informational pamphlet for patients
   undergoing  pelvic examinations and to make the informational pamphlet
   available for use by medical practitioners performing pelvic  examina-
   tions  and to require medical practitioners performing pelvic exams to
   disseminate such pamphlets
 
   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
 2504-b to read as follows:
   § 2504-B. INFORMATION CONCERNING PELVIC EXAMS. 1. ON  OR  BEFORE  JULY
 FIRST,  TWO  THOUSAND  TWENTY,  THE DEPARTMENT, IN COORDINATION WITH THE
 AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE MEDICAL SOCIETY
 OF THE STATE OF NEW YORK, AND THE  NEW  YORK  STATE  ACADEMY  OF  FAMILY
 PHYSICIANS SHALL DEVELOP AN INFORMATIONAL PAMPHLET FOR PATIENTS UNDERGO-
 ING PELVIC EXAMINATIONS THAT INCLUDES, BUT IS NOT LIMITED TO INFORMATION
 CONCERNING, THE FOLLOWING:
   (A) WHAT A PELVIC EXAM IS AND HOW IT IS PROPERLY PERFORMED;
   (B) IF APPLICABLE, A DESCRIPTION OF OTHER RELEVANT EXAMS;
   (C)  PRIVACY  EXPECTATIONS,  INCLUDING THAT PRIVACY SHOULD BE PROVIDED
 FOR THE PATIENT BOTH WHEN UNDRESSING AND DRESSING AND THAT A GOWN  OR  A
 DRAPE SHOULD BE PROVIDED;
   (D) AN EXPLANATION OF WHAT A SPECULUM IS AND HOW IT SHOULD BE PROPERLY
 USED DURING AN EXAMINATION;
   (E) THAT GLOVES SHOULD BE WORN BY THE LICENSEE DURING THE EXAMINATION;
 AND
   (F)  A TELEPHONE NUMBER FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
 AT WHICH A PATIENT MAY REPORT ANY MISCONDUCT THAT THE PATIENT FEELS  MAY
 HAVE OCCURRED.
   2. THE INFORMATIONAL PAMPHLET DEVELOPED PURSUANT TO SUBDIVISION ONE OF
 THIS  SECTION  SHALL  BE  MADE AVAILABLE FOR USE BY LICENSEES PERFORMING
 PELVIC EXAMINATIONS. THE INFORMATIONAL PAMPHLET SHALL  BE  POSTED  AS  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14831-01-0

 S. 7544                             2
 
 PRINTABLE  FILE ON THE DEPARTMENT'S INTERNET WEBSITE, MADE AVAILABLE FOR
 ORDER AS A PRINTED DELIVERABLE ON THE DEPARTMENT'S INTERNET WEBSITE,  OR
 BOTH.
   3. THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S LANGUAGE
 AND SHALL BE MADE AVAILABLE IN BOTH ENGLISH AND SPANISH.
   4.  PRIOR  TO  A  PATIENT'S FIRST PELVIC EXAMINATION, A LICENSEE SHALL
 PROVIDE THE PATIENT THE INFORMATIONAL  PAMPHLET  DEVELOPED  PURSUANT  TO
 THIS  SECTION  AND  SHALL OBTAIN A SIGNED ACKNOWLEDGMENT OF RECEIPT FROM
 THE PATIENT, WHICH SHALL BE MAINTAINED AS PART OF THE PATIENT'S  MEDICAL
 RECORD.
   5.  A  LICENSEE WHO VIOLATES THIS SECTION MAY BE CITED AND ASSESSED AN
 ADMINISTRATIVE FINE BY THE APPROPRIATE LICENSING BOARD. A CITATION SHALL
 NOT BE ISSUED AND A FINE SHALL NOT BE ASSESSED UPON THE FIRST  COMPLAINT
 AGAINST A LICENSEE WHO VIOLATES THIS SECTION. UPON THE SECOND AND SUBSE-
 QUENT  COMPLAINTS  AGAINST A LICENSEE WHO VIOLATES THIS SECTION, A CITA-
 TION MAY BE ISSUED AND AN ADMINISTRATIVE FINE MAY  BE  ASSESSED  BY  THE
 APPROPRIATE LICENSING BOARD.
   6.  NOTWITHSTANDING  ANY OTHER LAW, A LICENSEE SHALL NOT BE SUBJECT TO
 CRIMINAL PENALTIES FOR A VIOLATION OF THIS SECTION.
   7. NOTWITHSTANDING ANY OTHER LAW, ALL FINES COLLECTED PURSUANT TO THIS
 SECTION FOR A VIOLATION OF THIS SECTION SHALL BE CREDITED TO THE RESPEC-
 TIVE FUND OR ACCOUNT OF THE APPROPRIATE LICENSING  BOARD  THAT  ASSESSED
 THE  FINE,  BUT SHALL NOT BE EXPENDED UNTIL THEY ARE APPROPRIATED BY THE
 LEGISLATURE.
   8. FOR PURPOSES OF THIS SECTION, "LICENSEE" MEANS A  PERSON  LICENSED,
 CERTIFIED,  REGISTERED,  OR  OTHERWISE  SUBJECT  TO REGULATION UNDER THE
 EDUCATION LAW WHO, ACTING WITHIN THE SCOPE OF HIS  OR  HER  PRACTICE  IN
 ACCORDANCE WITH STANDARDIZED PROTOCOLS WHERE THEY EXIST AND IN CONFORMI-
 TY WITH THE STANDARD OF CARE FOR HIS OR HER PROFESSION, IS AUTHORIZED TO
 PERFORM PELVIC EXAMINATIONS.
   §  2.  This  act  shall  take effect on the one hundredth day after it
 shall have become a law. Effective immediately the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.