NY State Senate Bill S1172

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 (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Co-Sponsors

S1172 (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

S1172 (ACTIVE) - Summary

Relates to the provision of informed consent.

S1172 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1172

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to the provision of
informed consent

 
PURPOSE:

To include within the hospital patient's bill of rights additional
provisions which clearly state a patient's right to receive certain
information so that they can in turn consent.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 2803 (g) of the public health law,
to update the patient's bill of rights that general hospitals are
required to provide to patients, to include (1) the right to receive all
information necessary to provide informed consent for a proposed proce-
dure or treatment and alternate treatment options including the possible

risks and benefits taking into account any known preconditions,

(2) the right to be informed of the name, position and functions of any
hospital staff including medical students an physicians exempt from NYS
licensure who are involved in a patient's care and refuse their treat-
ment, examination or observation; and (3) a right to be informed of any
human research and to voluntarily provide written informed consent to
participate.

Section 2 of the bill provides an effective date. JUSTIFICATION:  Health
care is extraordinarily complex. It is also an industry where the
difference in knowledge and understanding between the health provider
and patients are usually vast. It is therefore critical that health care
providers impart adequate information in a manner that a patient can
understand so that he or she can effectively exercise the right to make
informed decisions about the plan of care, medical or surgical inter-
ventions, care after discharge, etc. In other words, easy-to-understand
Health forms and accompanying information are crucial.

Hospitals are already required to provide patients with a standardized,
clearly stated patient bill of rights to help inform them. By clearly
stating and including important rights around informed consent in this
document, patients will be better informed and, thus, the important
discussions around treatment and procedures is much more likely to take
place between patient and provider. Fully informing patients of their
options and obtaining their consent based upon that information is
imperative, and this legislation will help to inform patients so they
can make the very best health care decisions with their providers.

 
LEGISLATIVE HISTORY:

The original bill, S1029 of 2019, took a different approach to address-
ing informed consent by creating a new Article in the public health law.
This amended version of the bill preserves those protections identified
in the original bill, and clearly articulates those rights in the exist-
ing hospital patient's bill of rights.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
January 1st next succeeding enactment.

S1172 (ACTIVE) - 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.

                                                            LBD05310-01-1

 S. 1172                             2
 
 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 representative 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  fourteen  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 hospi-
 tals 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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The New York State Senate

senate Bill S1172

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 2, 2021 - floor Vote

Floor Vote: Feb 2, 2021

Jan 19, 2021 - Health committee Vote

Health Committee Vote: Jan 19, 2021

Co-Sponsors

S1172 (ACTIVE) - Details

S1172 (ACTIVE) - Summary

S1172 (ACTIVE) - Sponsor Memo

S1172 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1172

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Sponsored By

Gustavo Rivera

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 2, 2021 - floor Vote

Floor Vote: Feb 2, 2021

Jan 19, 2021 - Health committee Vote

Health Committee Vote: Jan 19, 2021

Co-Sponsors

Robert Jackson

Zellnor Myrie

S1172 (ACTIVE) - Details

S1172 (ACTIVE) - Summary

S1172 (ACTIVE) - Sponsor Memo

S1172 (ACTIVE) - Bill Text download pdf

Comments