senate Bill S1172

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 (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

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

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.

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