assembly Bill A4954B

2021-2022 Legislative Session

Relates to the provision of informed consent

download bill text pdf

Sponsored By

Current 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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2021 amended on third reading 4954b
May 20, 2021 amended on third reading 4954a
May 20, 2021 restored to third reading
substitution reconsidered
May 10, 2021 substituted by s1172
May 06, 2021 advanced to third reading cal.317
May 04, 2021 reported
Feb 09, 2021 referred to health

Co-Sponsors

A4954 - Details

See Senate Version of this Bill:
S1172
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
2019-2020: A2410, S1029

A4954 - Summary

Expands requirements for the provision of informed consent.

A4954 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4954
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced by M. of A. PICHARDO, SAYEGH -- read once and referred to the
   Committee on Health
 
 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
 statement shall be determined in accordance with rules  and  regulations
 adopted  by the council and approved by the commissioner.  A patient who
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

A4954A - Details

See Senate Version of this Bill:
S1172
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
2019-2020: A2410, S1029

A4954A - Summary

Expands requirements for the provision of informed consent.

A4954A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4954--A
                                                         Cal. No. 317
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PICHARDO,  SAYEGH,  JACKSON -- read once and
   referred to the  Committee  on  Health  --  reported  from  committee,
   advanced  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, 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, WHO PROVIDE FACE-TO-FACE CARE TO THE PATIENT,
 AND REFUSE THEIR TREATMENT, EXAMINATION OR  OBSERVATION,  IN  ACCORDANCE
 WITH APPLICABLE LAW;
   (IV)  A  RIGHT  TO  BE  INFORMED  OF  ANY HUMAN SUBJECTS RESEARCH THAT
 DIRECTS OR ALTERS A PROCEDURE OR TREATMENT TO BE RECEIVED BY THE PATIENT
 AND TO VOLUNTARILY PROVIDE  WRITTEN  INFORMED  CONSENT  TO  PARTICIPATE,
 EXCEPT AS MAY OTHERWISE BE APPROVED BY A COMMITTEE RESPONSIBLE FOR SAFE-
 GUARDING  THE  RIGHTS  AND  WELFARE  OF THE RESEARCH PARTICIPANTS AT THE
 HOSPITAL IN ACCORDANCE WITH APPLICABLE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

A4954B (ACTIVE) - Details

See Senate Version of this Bill:
S1172
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
2019-2020: A2410, S1029

A4954B (ACTIVE) - Summary

Expands requirements for the provision of informed consent.

A4954B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4954--B
                                                         Cal. No. 317
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PICHARDO,  SAYEGH,  JACKSON -- read once and
   referred to the  Committee  on  Health  --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading  --  again  amended  on  third
   reading,  ordered reprinted, retaining its place on the order of third
   reading
 
 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, IN ACCORDANCE WITH APPLICABLE LAW, 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, WHO PROVIDE FACE-TO-FACE CARE TO OR DIRECT
 OBSERVATION OF THE PATIENT, AND REFUSE THEIR TREATMENT,  EXAMINATION  OR
 OBSERVATION;
   (IV)  A  RIGHT  TO BE INFORMED OF ANY HUMAN SUBJECTS RESEARCH THAT MAY
 DIRECTLY AFFECT A PROCEDURE OR TREATMENT TO BE RECEIVED BY  THE  PATIENT
 AND TO PROVIDE VOLUNTARY WRITTEN INFORMED CONSENT TO PARTICIPATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets