senate Bill S1029A

2019-2020 Legislative Session

Relates to the provision of informed consent

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2020 referred to health
delivered to assembly
passed senate
Jan 21, 2020 advanced to third reading
Jan 15, 2020 2nd report cal.
Jan 14, 2020 1st report cal.170
Jan 08, 2020 referred to health
Jan 03, 2020 print number 1029a
Jan 03, 2020 amend (t) and recommit to health
Jan 10, 2019 referred to health

S1029 - Details

See Assembly Version of this Bill:
A2410
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: S1424, A7346
2017-2018: S168, A5888

S1029 - Summary

Relates to the provision of informed consent.

S1029 - Sponsor Memo

S1029 - Bill Text download pdf


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

                                  1029

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by  Sen.  RIVERA -- 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 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

S1029A (ACTIVE) - Details

See Assembly Version of this Bill:
A2410
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: S1424, A7346
2017-2018: S168, A5888

S1029A (ACTIVE) - Summary

Relates to the provision of informed consent.

S1029A (ACTIVE) - Sponsor Memo

S1029A (ACTIVE) - Bill Text download pdf


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

                                 1029--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019
                               ___________

Introduced  by  Sen.  RIVERA -- 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 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
  (VI) a right to a discharge review in accordance with section  twenty-
eight  hundred  three-i  of  this  article. The form and content of such

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

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