assembly Bill A306A

2021-2022 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2022 amended on third reading (t) 306a
Jan 05, 2022 ordered to third reading cal.22
May 06, 2021 advanced to third reading cal.283
May 04, 2021 reported
Apr 19, 2021 reported referred to codes
Jan 06, 2021 referred to higher education

Co-Sponsors

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Multi-Sponsors

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A306 - Details

See Senate Version of this Bill:
S794
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: A5891, S6795
2013-2014: A4440, S2397
2015-2016: A4489, S105
2017-2018: A3079, S112
2019-2020: A1192, S596
2023-2024: S3228

A306 - Summary

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

A306 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    306
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, CAHILL, J. RIVERA, GLICK, PAULIN,
   COOK, PERRY, ENGLEBRIGHT, O'DONNELL,  L. ROSENTHAL,  HEVESI,  BRONSON,
   FAHY,  DICKENS,  TAYLOR, SIMON, BARRON, SAYEGH, CRUZ, REYES, ABINANTI,
   DARLING, FERNANDEZ -- Multi-Sponsored by -- M. of A.  CARROLL,  DINOW-
   ITZ,  EPSTEIN, GALEF, HUNTER, LUPARDO, PEOPLES-STOKES, PRETLOW -- read
   once and referred to the Committee on Higher Education
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A306A (ACTIVE) - Details

See Senate Version of this Bill:
S794
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: A5891, S6795
2013-2014: A4440, S2397
2015-2016: A4489, S105
2017-2018: A3079, S112
2019-2020: A1192, S596
2023-2024: S3228

A306A (ACTIVE) - Summary

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

A306A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  306--A
                                                          Cal. No. 22
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, CAHILL, J. RIVERA, GLICK, PAULIN,
   COOK, PERRY, ENGLEBRIGHT, O'DONNELL,  L. ROSENTHAL,  HEVESI,  BRONSON,
   FAHY,  DICKENS, TAYLOR, SIMON, SAYEGH, CRUZ, REYES, ABINANTI, DARLING,
   FERNANDEZ, GALLAGHER, GRIFFIN, SEAWRIGHT,  BURDICK,  KELLES,  JACKSON,
   LAVINE,  GONZALEZ-ROJAS, BICHOTTE HERMELYN, OTIS -- Multi-Sponsored by
   -- M. of  A.  CARROLL,  DINOWITZ,  EPSTEIN,  GALEF,  HUNTER,  LUPARDO,
   PEOPLES-STOKES,  PRETLOW -- read once and referred to the Committee on
   Higher Education -- ordered to a third reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading
 
 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 incarcerated persons 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  incarcerated  persons,  and  related
 matters.  It  is guided by two basic principles: (1) health care profes-
 sionals 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 incarcerated  persons  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  obligations  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
 incarcerated  persons, which in turn will protect the life and health of
 the people of the state and those with whom  New  York  licensed  health
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets