senate Bill S1172B

2021-2022 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 (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2021 referred to health
returned to assembly
repassed senate
May 25, 2021 amended on third reading 1172b
May 24, 2021 amended on third reading 1172a
May 24, 2021 vote reconsidered - restored to third reading
May 20, 2021 returned to senate
recommitted to health
substitution reconsidered
recalled from assembly
May 10, 2021 ordered to third reading cal.317
substituted for a4954
Feb 02, 2021 referred to health
delivered to assembly
passed senate
Jan 25, 2021 advanced to third reading
Jan 20, 2021 2nd report cal.
Jan 19, 2021 1st report cal.107
Jan 07, 2021 referred to health

Votes

view votes

Jan 19, 2021 - Health committee Vote

S1172
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S1172 - Details

See Assembly Version of this Bill:
A4954
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
2019-2020: S1029, A2410

S1172 - Summary

Expands requirements for the provision of informed consent.

S1172 - Sponsor Memo

S1172 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1172
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 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
 
   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

S1172A - Details

See Assembly Version of this Bill:
A4954
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
2019-2020: S1029, A2410

S1172A - Summary

Expands requirements for the provision of informed consent.

S1172A - Sponsor Memo

S1172A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1172--A
     Cal. No. 107
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  JACKSON, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   -- reported favorably from said committee, ordered to first and second
   report,  ordered to a third reading, passed by Senate and delivered to
   the Assembly, recalled, vote reconsidered, restored to third  reading,
   amended  and  ordered  reprinted,  retaining its place in 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S1172B (ACTIVE) - Details

See Assembly Version of this Bill:
A4954
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
2019-2020: S1029, A2410

S1172B (ACTIVE) - Summary

Expands requirements for the provision of informed consent.

S1172B (ACTIVE) - Sponsor Memo

S1172B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1172--B
     Cal. No. 107
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  JACKSON, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   -- reported favorably from said committee, ordered to first and second
   report,  ordered to a third reading, passed by Senate and delivered to
   the Assembly, recalled, vote reconsidered, restored to third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading -- again amended and ordered  reprinted,  retaining  its
   place in 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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