senate Bill S794A

2021-2022 Legislative Session

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

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2022 print number 794a
Jan 18, 2022 amend (t) and recommit to health
Jan 05, 2022 referred to health
Jan 06, 2021 referred to health

Co-Sponsors

view additional co-sponsors

S794 - Details

See Assembly Version of this Bill:
A306
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
2019-2020: S596, A1192

S794 - 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.

S794 - Sponsor Memo

S794 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    794
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BENJAMIN,  BIAGGI,  KAVANAGH,  KRUEGER,
   RIVERA, SALAZAR, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S794A (ACTIVE) - Details

See Assembly Version of this Bill:
A306
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
2019-2020: S596, A1192

S794A (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.

S794A (ACTIVE) - Sponsor Memo

S794A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BIAGGI, KAVANAGH, KRUEGER, RIVERA, SALAZAR,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed to the Committee on Health -- recommitted to  the  Committee
   on  Health  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 care professionals interact.  A health care professional  who  comes  to
 the  aid  of  an  incarcerated  person  should  not be presumed to be in
 violation when she or he is fulfilling the ethical principle of  benefi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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