Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Nov 21, 2022 |
signed chap.618 delivered to governor |
May 17, 2022 |
returned to senate passed assembly |
May 04, 2022 |
ordered to third reading cal.576 substituted for a9677 |
Mar 10, 2022 |
referred to health delivered to assembly passed senate |
Mar 02, 2022 |
amended on third reading 1172c |
Jan 18, 2022 |
advanced to third reading |
Jan 12, 2022 |
2nd report cal. |
Jan 11, 2022 |
1st report cal.111 |
Jan 05, 2022 |
referred to health returned to senate died in assembly |
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 |
May 04, 2022 |
substituted by s1172c |
Apr 28, 2022 |
advanced to third reading cal.576 |
Apr 26, 2022 |
reported |
Mar 28, 2022 |
referred to health |
Assembly Bill A9677
Signed By Governor2021-2022 Legislative Session
Relates to the provision of informed consent
download bill text pdfSponsored By
TAPIA
Archive: Last Bill Status Via S1172 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 10, 2022
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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-
-
Floor Vote: Jun 1, 2021
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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-
-
Floor Vote: Feb 2, 2021
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
-
Jan 11, 2022 - Health Committee Vote
S117214Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
Michaelle C. Solages
2021-A9677 (ACTIVE) - Details
2021-A9677 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9677 I N A S S E M B L Y March 28, 2022 ___________ Introduced by M. of A. TAPIA -- 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, 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 INTERVENTION, PROCEDURE, OR TREATMENT, INCLUD- ING INFORMATION REGARDING THE FORESEEABLE AND CLINICALLY SIGNIFICANT RISKS AND BENEFITS OF THE PROPOSED INTERVENTION, PROCEDURE, OR TREAT- MENT; (III) A RIGHT TO RECEIVE COMPLETE INFORMATION REGARDING THE PATIENT'S CONDITION, PROGNOSIS, AND CLINICAL INDICATIONS FOR THE PROPOSED INTER- VENTION, PROCEDURE, OR TREATMENT; (IV) A RIGHT TO RECEIVE INFORMATION REGARDING ALTERNATIVE TREATMENT OPTIONS INCLUDING THE FORESEEABLE AND CLINICALLY SIGNIFICANT RISKS AND BENEFITS OF SUCH ALTERNATIVE TREATMENT OPTIONS, TAKING INTO CONSIDER- ATION ANY KNOWN PRECONDITIONS; (V) A RIGHT TO BE INFORMED OF THE NAME, POSITION, AND FUNCTIONS OF ANY PERSONS, 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; (VI) A RIGHT TO REFUSE THE PROPOSED INTERVENTION, PROCEDURE, OR TREAT- MENT AND TO BE INFORMED OF THE CLINICAL EFFECTS OF SUCH REFUSAL; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05310-08-2
A. 9677 2 (VII) A RIGHT TO MEANINGFULLY ENGAGE AND PARTICIPATE IN THE INFORMED CONSENT PROCESS, WHICH SHALL MEAN, BUT NOT BE LIMITED TO, AFFORDING THE PATIENT OR THEIR REPRESENTATIVE TIME TO ASK QUESTIONS AND HAVE THEM ANSWERED SATISFACTORILY TO THE EXTENT REASONABLE; (VIII) A RIGHT TO BE INFORMED OF ANY HUMAN SUBJECTS RESEARCH THAT THE ATTENDING PHYSICIAN TAKING CARE OF THE PATIENT PARTICIPATES IN AND MAY DIRECTLY AFFECT A PROCEDURE OR TREATMENT TO BE RECEIVED BY THE PATIENT, AND TO PROVIDE VOLUNTARY WRITTEN INFORMED CONSENT TO PARTICIPATE, SHOULD THE PATIENT BE AN APPROPRIATE CANDIDATE FOR SUCH HUMAN SUBJECTS RESEARCH IN THE CLINICAL JUDGMENT OF THE ATTENDING PHYSICIAN. THE INFORMED CONSENT REFERRED TO HERE SHALL CONFORM WITH FEDERAL REQUIREMENTS REGARD- ING PROTECTION FOR HUMAN RESEARCH SUBJECTS, AND ANY OTHER APPLICABLE LAWS OR REGULATIONS; (IX) a right to an appropriate patient discharge plan; and (X) for patients other than beneficiaries of title XVIII of the feder- al social security act (medicare), 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 requires continuing health care services in accordance with such patient's discharge plan may not be discharged until such services are secured or determined by the hospital to be reasonably available to the patient. Each general hospital shall give a copy of the statement to each patient, or the appointed personal repre- sentative of the patient at or prior to the time of admission to the general hospital, as long as the patient or the appointed personal representative of the patient receives such notice no earlier than four- teen days before admission. Such statement shall also be conspicuously posted by the hospital and shall be a part of the patient's admission package. Nothing herein contained shall be construed to limit any authority vested in the commissioner pursuant to this article related to the operation of hospitals and care and services provided to patients. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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