senate Bill S4538A

2021-2022 Legislative Session

Relates to the review of policies and practices pertaining to emerging infectious disease outbreaks in correctional facilities

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 02, 2021 print number 4538a
Mar 02, 2021 amend (t) and recommit to health
Feb 05, 2021 referred to health

S4538 - Details

See Assembly Version of this Bill:
A6394
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S1072

S4538 - Summary

Relates to the review of policies and practices pertaining to infectious disease outbreaks in correctional facilities, including the treatment and prevention of the disease among inmates and staff.

S4538 - Sponsor Memo

S4538 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4538
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 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 health  facilities
   and services in correctional facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2801 of the public health law,  as
 amended  by  section  1  of part Z of chapter 57 of the laws of 2019, is
 amended to read as follows:
   1. "Hospital" means a facility or institution engaged  principally  in
 providing services by or under the supervision of a physician or, in the
 case  of  a dental clinic or dental dispensary, of a dentist, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public  health center, diagnostic center, treatment center, dental clin-
 ic, dental dispensary, rehabilitation center other than a facility  used
 solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
 tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary, CORRECTIONAL  HEALTH  CARE  FACILITY  and  a  laboratory  or
 central  service facility serving one or more such institutions, but the
 term hospital shall not include  an  institution,  sanitarium  or  other
 facility  engaged  principally in providing services for the prevention,
 diagnosis or treatment of mental disability and which is subject to  the
 powers  of  visitation, examination, inspection and investigation of the
 department of mental hygiene except for those distinct parts of  such  a
 facility  which provide hospital service. The provisions of this article
 shall not apply to a facility  or  institution  engaged  principally  in
 providing  services by or under the supervision of the bona fide members
 and adherents of a recognized  religious  organization  whose  teachings
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S4538A (ACTIVE) - Details

See Assembly Version of this Bill:
A6394
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S1072

S4538A (ACTIVE) - Summary

Relates to the review of policies and practices pertaining to infectious disease outbreaks in correctional facilities, including the treatment and prevention of the disease among inmates and staff.

S4538A (ACTIVE) - Sponsor Memo

S4538A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4538--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 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  review of poli-
   cies and practices relating to infectious disease outbreaks in correc-
   tional facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 26 of section 206 of the public health law, as
 amended by chapter 45 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   26.  The  commissioner is hereby authorized and directed to review any
 policy or practice instituted in facilities operated by  the  department
 of  corrections and community supervision, and in all local correctional
 facilities, as defined in subdivision sixteen  of  section  two  of  the
 correction  law,  regarding human immunodeficiency virus (HIV), acquired
 immunodeficiency syndrome (AIDS), hepatitis C (HCV), [and] COVID-19, AND
 EMERGING INFECTIOUS DISEASES, including the  prevention  of  the  trans-
 mission  of  and  the  treatment  of  such infections and diseases among
 inmates. Such review shall be performed at  least  annually,  and  shall
 focus  on  whether  such  policy or practice is consistent with current,
 generally accepted medical standards and procedures used to prevent  the
 transmission  of  and  to  treat those infections and diseases among the
 general public. In performing such reviews, in order  to  determine  the
 quality  and adequacy of care and treatment provided, department person-
 nel are authorized to enter correctional facilities and  inspect  policy
 and  procedure  manuals and medical protocols, interview health services
 providers and inmate-patients, review medical grievances, and inspect  a
 representative sample of medical records of inmates known to be infected
 with  any such infections or diseases. Prior to initiating a review of a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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