Assembly Bill A3926

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3926
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the civil  rights  law,  in  relation  to  enacting  the
   medical civil rights act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "medical civil rights act".
   §  2.  Section  28 of the civil rights law, as added by chapter 103 of
 the laws of 2020, is amended to read as follows:
   § 28. Medical attention for persons under arrest. 1. When a person  is
 [under  arrest  or otherwise] IN CONTACT WITH OR in the custody OR UNDER
 THE CONTROL of a police officer, peace officer or other law  enforcement
 representative  or  entity, such officer, representative or entity shall
 have a duty to provide attention to the medical and mental health  needs
 of such person, and IMMEDIATELY obtain [assistance and treatment of such
 needs] EMERGENCY MEDICAL SERVICES for such person[, which are reasonable
 and provided in good faith under the circumstances] WHEN SUCH PERSON HAS
 COMMUNICATED  THAT  SUCH  PERSON  IS  EXPERIENCING  AN EMERGENCY MEDICAL
 CONDITION OR IS MEDICALLY UNSTABLE; OR WHO REASONABLY APPEARS TO  A  LAW
 ENFORCEMENT OFFICER TO BE EXPERIENCING AN EMERGENCY MEDICAL CONDITION OR
 IS DETERIORATING SUCH THAT SUCH PERSON IS MEDICALLY UNSTABLE. Any person
 who  has not received such [reasonable and good faith attention, assist-
 ance or] EMERGENCY MEDICAL treatment and who, as a result, suffers seri-
 ous physical injury or significant exacerbation of an injury  or  condi-
 tion  shall have a cause of action against such officer, representative,
 and/or entity. In any such civil  action,  the  court,  in  addition  to
 awarding  actual  damages and costs, [may] SHALL award reasonable attor-
 neys' fees to a successful plaintiff.   The provisions of  this  section
 are  in  addition to, but shall not supersede, any other rights or reme-
 dies available in law or equity.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07319-01-5
              

 A. 3926                             2
 
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "EMERGENCY  MEDICAL  CONDITION"  SHALL  MEAN A MEDICAL CONDITION,
 WHETHER PHYSICAL, BEHAVIORAL, OR RELATED TO A SUBSTANCE  USE  OR  MENTAL
 HEALTH  DISORDER,  THAT  IS MANIFESTING ITSELF BY SYMPTOMS OF SUFFICIENT
 SEVERITY, INCLUDING BUT NOT LIMITED TO SEVERE PAIN, SO THAT THE  ABSENCE
 OF  PROMPT  MEDICAL  ATTENTION COULD REASONABLY BE EXPECTED BY A PRUDENT
 LAYPERSON WHO POSSESSES AN AVERAGE KNOWLEDGE OF HEALTH AND  MEDICINE  TO
 RESULT  IN  PLACING  THE  HEALTH  OF THE PERSON EXPERIENCING THE MEDICAL
 CONDITION OR ANOTHER PERSON IN SERIOUS JEOPARDY, SERIOUS  IMPAIRMENT  TO
 BODILY FUNCTION, OR SERIOUS DYSFUNCTION OF ANY ORGAN OR BODY PART.
   (B)  "MEDICALLY  UNSTABLE" SHALL MEAN ANY CONDITION, WHETHER PHYSICAL,
 BEHAVIORAL, OR RELATED TO SUBSTANCE USE OR MENTAL HEALTH DISORDERS, THAT
 MANIFESTS IN AN UNSTABLE MEDICAL OR MENTAL HEALTH  STATUS,  WHICH  COULD
 REASONABLY  BE UNDERSTOOD BY A LAYPERSON TO LEAD TO AN EMERGENCY MEDICAL
 CONDITION.
   § 3. This act shall take effect immediately.