assembly Bill A6325A

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 Via S1092 - 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 (19)
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 18, 2019 substituted by s1092e
Jun 13, 2019 ordered to third reading rules cal.273
rules report cal.273
reported
Jun 11, 2019 reported referred to rules
Jun 07, 2019 print number 6325c
Jun 07, 2019 amend and recommit to codes
Jun 05, 2019 reported referred to codes
Jun 03, 2019 print number 6325b
Jun 03, 2019 amend (t) and recommit to health
Apr 10, 2019 print number 6325a
Apr 10, 2019 amend and recommit to health
Mar 05, 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)

Co-Sponsors

A6325 - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

A6325 - Summary

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

A6325 - Bill Text download pdf


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

                                  6325

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2019
                               ___________

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

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.
                                                           LBD00866-03-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6325A - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

A6325A - Summary

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

A6325A - Bill Text download pdf


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

                                 6325--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2019
                               ___________

Introduced  by M. of A. SOLAGES, FRONTUS, WRIGHT, SIMON -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.
                                                           LBD00866-05-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6325B - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

A6325B - Summary

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

A6325B - Bill Text download pdf


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

                                 6325--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2019
                               ___________

Introduced  by  M.  of  A.  SOLAGES,  FRONTUS,  WRIGHT, SIMON, JACOBSON,
  TAYLOR, GRIFFIN, BARRON, SIMOTAS, ASHBY, WALLACE, O'DONNELL,  EPSTEIN,
  LIFTON  --  Multi-Sponsored  by  --  M. of A. CARROLL -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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
  (C) THE PATIENT IS UNCONSCIOUS AND THE PELVIC EXAMINATION IS MEDICALLY
NECESSARY  FOR  DIAGNOSTIC  OR TREATMENT PURPOSES, AND THE PATIENT IS IN
IMMEDIATE NEED OF MEDICAL ATTENTION AND AN  ATTEMPT  TO  SECURE  CONSENT
WOULD  RESULT  IN  A DELAY OF TREATMENT WHICH WOULD INCREASE THE RISK OF
THE PATIENT'S LIFE OR HEALTH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00866-12-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6325C (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

A6325C (ACTIVE) - Summary

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

A6325C (ACTIVE) - Bill Text download pdf


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

                                 6325--C

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2019
                               ___________

Introduced  by  M.  of  A.  SOLAGES,  FRONTUS,  WRIGHT, SIMON, JACOBSON,
  TAYLOR, GRIFFIN, BARRON, SIMOTAS, ASHBY, WALLACE, O'DONNELL,  EPSTEIN,
  LIFTON  --  Multi-Sponsored  by  --  M. of A. CARROLL -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

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
  (C) THE PATIENT IS UNCONSCIOUS AND THE PELVIC EXAMINATION IS MEDICALLY
NECESSARY  FOR  DIAGNOSTIC  OR TREATMENT PURPOSES, AND THE PATIENT IS IN
IMMEDIATE NEED OF MEDICAL ATTENTION AND AN  ATTEMPT  TO  SECURE  CONSENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00866-15-9

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