assembly Bill A2410A

2019-2020 Legislative Session

Relates to the provision of informed consent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 18, 2020 print number 2410a
Feb 18, 2020 amend (t) and recommit to health
Jan 08, 2020 referred to health
Jan 22, 2019 referred to health

Co-Sponsors

A2410 - Details

See Senate Version of this Bill:
S1029
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7550
2015-2016: A7346, S1424
2017-2018: A5888, S168
2021-2022: A4954, S1172

A2410 - Summary

Relates to the provision of informed consent.

A2410 - Bill Text download pdf


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

                                  2410

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
  tee on Health

AN  ACT  to amend the public health law, in relation to the provision of
  informed consent, by patients or their representatives, to medical and
  surgical procedures; and to repeal  certain  provisions  of  such  law
  relating thereto

  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 article 17
to read as follows:
                               ARTICLE 17
                            INFORMED CONSENT
SECTION 1700. DEFINITIONS.
        1701. NOTICE OF RIGHT TO INFORMED CONSENT.
        1702. DUTY TO OBTAIN INFORMED CONSENT.
        1703. PROCEDURES AND SURGERY REQUIRING INFORMED CONSENT.
        1704. SURGERY; INFORMED CONSENT NOT REQUIRED.
        1705. CAPACITY TO PROVIDE INFORMED CONSENT.
        1706. SCOPE OF INFORMED CONSENT.
        1707. PATIENT INVOLVEMENT IN THEIR CARE.
  § 1700. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "EMERGENCY" MEANS A CIRCUMSTANCE IN WHICH A PATIENT'S CONDITION  IS
SUCH THAT A FAILURE TO PROVIDE HOSPITALIZATION, MEDICAL TREATMENT AND/OR
SURGERY  TO A PATIENT WOULD RESULT IN UNDUE SUFFERING, DEATH OR SUBSTAN-
TIAL IMPAIRMENT OF PHYSICAL OR MENTAL FUNCTION.
  2. "INFORMED CONSENT" MEANS THE LEGALLY EFFECTIVE KNOWING CONSENT OF A
PATIENT OR HIS OR HER LEGALLY AUTHORIZED REPRESENTATIVE, SO SITUATED  AS
TO  BE ABLE TO EXERCISE FREE POWER OF CHOICE WITHOUT UNDUE INDUCEMENT OR
ANY ELEMENT OF FORCE, FRAUD, DECEIT, DURESS OR OTHER FORM OF  CONSTRAINT
OR  COERCION.  WITH REGARD TO CONSENT TO A MEDICAL PROCEDURE OR SURGERY,
THE ELEMENTS OF INFORMATION NECESSARY FOR CONSENT INCLUDE:

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

Co-Sponsors

A2410A (ACTIVE) - Details

See Senate Version of this Bill:
S1029
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7550
2015-2016: A7346, S1424
2017-2018: A5888, S168
2021-2022: A4954, S1172

A2410A (ACTIVE) - Summary

Relates to the provision of informed consent.

A2410A (ACTIVE) - Bill Text download pdf


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

                                 2410--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M.  of  A.  PICHARDO,  SAYEGH,  ARROYO  -- read once and
  referred to the Committee on Health -- recommitted to the Committee on
  Health in accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to the provision of
  informed consent

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

  Section  1.  Paragraph  (g)  of  subdivision  1 of section 2803 of the
public health law, as added by chapter 2 of the laws of 1988, is amended
to read as follows:
  (g) The commissioner shall require that every general  hospital  adopt
and  make  public  an identical statement of the rights and responsibil-
ities of patients, including, BUT NOT LIMITED TO:
  (I) a patient complaint and quality of care review process[,];
  (II) A RIGHT TO RECEIVE ALL INFORMATION  NECESSARY  TO  GIVE  INFORMED
CONSENT FOR ANY PROPOSED PROCEDURE OR TREATMENT, AND ALTERNATE TREATMENT
OPTIONS  INCLUDING  THE  POSSIBLE RISKS AND BENEFITS OF THE PROCEDURE OR
TREATMENT TAKING INTO CONSIDERATION ANY KNOWN PRECONDITIONS;
  (III) A RIGHT TO BE INFORMED OF THE NAME, POSITION  AND  FUNCTIONS  OF
ANY HOSPITAL STAFF INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM
NEW  YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-
SIX OF THE EDUCATION LAW, INVOLVED IN A PATIENT'S CARE AND REFUSE  THEIR
TREATMENT, EXAMINATION OR OBSERVATION;
  (IV)  A  RIGHT TO BE INFORMED OF ANY HUMAN RESEARCH AND TO VOLUNTARILY
PROVIDE WRITTEN INFORMED CONSENT TO PARTICIPATE;
  (V) a right to an appropriate patient discharge plan and for  patients
other  than  beneficiaries of title XVIII of the federal social security
act (medicare); AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06444-06-0