Senate Bill S596

2019-2020 Legislative Session

Prohibits participation in torture and improper treatment of prisoners by health care professionals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


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

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2019-S596 (ACTIVE) - Details

See Assembly Version of this Bill:
A1192
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §25, Pub Health L; amd §§6509 & 6530, Ed L; amd §§740 & 741, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6665
2011-2012: S6795, A5891
2013-2014: S2397, A4440
2015-2016: S105, A4489
2017-2018: S112, A3079
2021-2022: S794, A306
2023-2024: S3228, A4863

2019-S596 (ACTIVE) - Summary

Prohibits participation in torture and improper treatment of prisoners by health care professionals; prohibits a health care professional from engaging, assisting, planning the torture or improper treatment of a prisoner; requires health care professionals to report torture and improper treatment.

2019-S596 (ACTIVE) - Sponsor Memo

2019-S596 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    596
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, KAVANAGH, KRUEGER, MONTGOMERY, SEPULVEDA --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Health
 
 AN ACT to amend the public health law, the education law and  the  labor
   law,  in relation to prohibiting participation in torture and improper
   treatment of prisoners by health care professionals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  policy and intent. This legislation is based
 on, and is intended to give effect to, international treaties and stand-
 ards; federal, state and local law; and professional standards  relating
 to  torture, improper treatment of prisoners, and related matters. It is
 guided by two basic principles: (1) health care professionals  shall  be
 dedicated  to  providing  the  highest  standard  of  health  care, with
 compassion and respect for human dignity and rights; and (2) torture and
 improper treatment of prisoners are  wrong  and  inconsistent  with  the
 practice  of the health care professions. The legislature finds that the
 conduct prohibited by this act violates  the  ethical  and  legal  obli-
 gations  of  licensed  health care professionals.  This legislation will
 further protect the professionalism of New York  state  licensed  health
 care  professionals  by  authorizing  and  obligating  them to refuse to
 participate in torture and improper treatment  of  prisoners,  which  in
 turn  will  protect  the  life and health of the people of the state and
 those with whom New York licensed health care professionals interact.  A
 health care professional who comes to the aid of a prisoner  should  not
 be  presumed to be in violation when she or he is fulfilling the ethical
 principle of beneficence. In contrast, a health care  professional  who,
 for example, attends to a prisoner in order to allow torture or improper
 treatment  to  commence  or  continue is not acting beneficently.   Such
 practices are inconsistent with professional ethics  and  standards  and
 are  violations  of  this legislation.   The legislature is mindful that
 ordinarily there are limits on New York state's jurisdiction relating to
 conduct outside the state or under federal  authority.  However,  it  is
 proper  for  the state to regulate health care professional licensure in
              

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