senate Bill S5921

2015-2016 Legislative Session

Relates to the weight assigned to state-created or administered testing results for calculating the student performance category of teacher assessments

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2016 print number 5921a
amend and recommit to education
Jan 06, 2016 referred to education
Jun 11, 2015 referred to rules

Bill Amendments

S5921
S5921A
S5921
S5921A

S5921 - Bill Details

See Assembly Version of this Bill:
A8247
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3012-d, Ed L

S5921 - Bill Texts

view summary

Relates to the weight assigned to state-created or administered testing results for calculating the student performance category of teacher assessments.

view sponsor memo
BILL NUMBER:S5921

TITLE OF BILL: An act to amend the education law, in relation to the
weight assigned to state-created or administered testing results for
calculating the student performance category of teacher assessments

PURPOSE OR GENERAL IDEA OF BILL: This bill helps address the weight
assigned to state-created or administered testing results for
calculating the student performance category of teacher assessments.

SUMMARY OF SPECIFIC PROVISIONS: : Section 1. Paragraph a of
subdivision 4 of section 3012-d of the 2 education law, as added by
section 2 of subpart E of part EE of chapter 3 56 of the laws of 2015,
is amended to read as follows:

Notwithstanding the provisions of section three thousand twelve-c of
this article or any other provision of law to the contrary, in no case
shall the subcomponent calculated pursuant to subparagraph one of this
paragraph be assigned a weight in excess of five percent of a
teacher's overall assessment under this section.

JUSTIFICATION: Research indicates that any Value Added Measure (VAM)
that utilizes one measurement to an inordinate level such as the 50%
suggested by the Governor is ineffective in correlating a teacher's
effectiveness as it relates to student learning.

A snapshot set of standardized tests that are one size fits all are
ineffective given the diversity of the school districts here in our
state. Kids from impoverished areas, students with special needs, and
those who lack stability in the home are all doomed to failure as are
the teachers evaluated by such criteria.

Standardized tests should be used as diagnostic tools to move children
forward in their educational journey and not as a benchmark to
stigmatize students and teachers.

BILL HISTORY: New Bill

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5921

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 11, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the weight assigned to
  state-created or administered  testing  results  for  calculating  the
  student performance category of teacher assessments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision  4  of  section  3012-d  of  the
education  law, as added by section 2 of subpart E of part EE of chapter
56 of the laws of 2015, is amended to read as follows:
  a. Student performance category. Such category shall  have  [at  least
one  subcomponent and an optional second subcomponent] TWO SUBCOMPONENTS
as follows:
  (1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth model, such teacher shall  have  a  state-provided  growth  score
based  on such model; and (B) for a teacher whose course does not end in
a state-created or administered test such teacher shall have  a  student
learning  objective  (SLO) consistent with a goal-setting process deter-
mined or developed by the commissioner, that results in a student growth
score; provided that, for any teacher whose  course  ends  in  a  state-
created  or administered assessment for which there is no state-provided
growth model, such assessment must be used as the underlying  assessment
for such SLO;
  (2)  For  the  [optional]  second subcomponent, a district may locally
select a second measure  in  accordance  with  this  subparagraph.  Such
second measure shall apply in a consistent manner, to the extent practi-
cable,  across  the district and be [either: (A) a second state-provided
growth score on a state-created or administered test under clause (A) of
subparagraph one of this paragraph, or (B)] a growth score  based  on  a
state-designed supplemental assessment, calculated using a state-provid-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11361-01-5

S. 5921                             2

ed  or  approved  growth model. The [optional] second subcomponent shall
provide options for multiple assessment measures  that  are  aligned  to
existing classroom and school best practices and take into consideration
the  recommendations  in  the  testing  reduction  report as required by
section one of subpart F of [the] PART EE OF chapter  FIFTY-SIX  of  the
laws  of  two  thousand fifteen [which added this section] regarding the
reduction of unnecessary additional testing.
  The commissioner shall determine the weights and  scoring  ranges  for
the  subcomponent  or  subcomponents of the student performance category
that shall result in a combined category rating.    NOTWITHSTANDING  THE
PROVISIONS  OF  SECTION  THREE  THOUSAND TWELVE-C OF THIS ARTICLE OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, IN NO CASE SHALL  THE  SUBCOMPO-
NENT  CALCULATED  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS PARAGRAPH BE
ASSIGNED A WEIGHT IN EXCESS OF  FIVE  PERCENT  OF  A  TEACHER'S  OVERALL
ASSESSMENT  UNDER  THIS SECTION. The commissioner shall also set parame-
ters for appropriate targets for student growth for both  subcomponents,
and the department must affirmatively approve and shall have the author-
ity to disapprove or require modifications of district plans that do not
set  appropriate  growth  targets, including after initial approval. The
commissioner shall set such weights and parameters consistent  with  the
terms contained herein.
  S 2. This act shall take effect immediately.

S5921A - Bill Details

See Assembly Version of this Bill:
A8247
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3012-d, Ed L

S5921A - Bill Texts

view summary

Relates to the weight assigned to state-created or administered testing results for calculating the student performance category of teacher assessments.

view sponsor memo
BILL NUMBER: S5921A

TITLE OF BILL :

An act to amend the education law, in relation to the weight assigned
to state-created or administered testing results for calculating the
student performance category of teacher assessments

PURPOSE OR GENERAL IDEA OF BILL :

This bill helps address the weight assigned to state-created or
administered testing results for calculating the student performance
category of teacher assessments.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Paragraph a of subdivision 4 of section 3012d of the 2
education law, as added by section 2 of subpart E of part EE of
chapter 3 56 of the laws of 2015, is amended to read as follows:

Notwithstanding the provisions of section three thousand twelve-c of
this article or any other provision of law to the contrary, in no case
shall the subcomponent calculated pursuant to subparagraph one of this
paragraph be assigned a weight in excess of five percent of a
teacher's overall assessment under this section.

JUSTIFICATION :

Research indicates that any Value Added Measure (VAM) that utilizes
one measurement to an inordinate level such as the 50% suggested by
the Governor is ineffective in correlating a teacher's effectiveness
as it relates to student learning.

A snapshot set of standardized tests that are one size fits all are
ineffective given the diversity of the school districts here in our
state. Kids from impoverished areas, students with special needs, and
those who lack stability in the home are all doomed to failure as are
the teachers evaluated by such criteria.

Standardized tests should be used as diagnostic tools to move children
forward in their educational journey and not as a benchmark to
stigmatize students and teachers.

BILL HISTORY :

Latimer; 2015-16 - REFERRED TO RULES
Tedisco A8247 - referred to education

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5921--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 11, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Education 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 education law, in relation to the weight assigned to
  state-created or administered  testing  results  for  calculating  the
  student performance category of teacher assessments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision  4  of  section  3012-d  of  the
education  law, as added by section 2 of subpart E of part EE of chapter
56 of the laws of 2015, subparagraph  1  as  amended  by  section  3  of
subpart  C  of  part  B of chapter 20 of the laws of 2015, is amended to
read as follows:
  a. Student performance category. Such category shall  have  [at  least
one  subcomponent and an optional second subcomponent] TWO SUBCOMPONENTS
as follows:
  (1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth model, such teacher shall  have  a  state-provided  growth  score
based on such model, which shall take into consideration certain student
characteristics,  as  determined  by the commissioner, including but not
limited to students with disabilities, poverty, English language learner
status and prior academic history and  which  shall  identify  educators
whose  students'  growth is well above or well below average compared to
similar students for a  teacher's  or  principal's  students  after  the
certain  student  characteristics  above are taken into account; and (B)
for a teacher whose course does not end in a state-created  or  adminis-
tered  test  such  teacher shall have a student learning objective (SLO)
consistent with a goal-setting process determined or  developed  by  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11361-02-6

S. 5921--A                          2

commissioner, that results in a student growth score; provided that, for
any teacher whose course ends in a state-created or administered assess-
ment  for which there is no state-provided growth model, such assessment
must be used as the underlying assessment for such SLO;
  (2)  For  the  [optional]  second subcomponent, a district may locally
select a second measure  in  accordance  with  this  subparagraph.  Such
second measure shall apply in a consistent manner, to the extent practi-
cable,  across  the district and be [either: (A) a second state-provided
growth score on a state-created or administered test under clause (A) of
subparagraph one of this paragraph, or (B)] a growth score  based  on  a
state-designed supplemental assessment, calculated using a state-provid-
ed  or  approved  growth model. The [optional] second subcomponent shall
provide options for multiple assessment measures  that  are  aligned  to
existing classroom and school best practices and take into consideration
the  recommendations  in  the  testing  reduction  report as required by
section one of subpart F of [the] PART EE OF chapter  FIFTY-SIX  of  the
laws  of  two  thousand fifteen [which added this section] regarding the
reduction of unnecessary additional testing.
  The commissioner shall determine the weights and  scoring  ranges  for
the  subcomponent  or  subcomponents of the student performance category
that shall result in a combined category rating.    NOTWITHSTANDING  THE
PROVISIONS  OF  SECTION  THREE  THOUSAND TWELVE-C OF THIS ARTICLE OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, IN NO CASE SHALL  THE  SUBCOMPO-
NENT  CALCULATED  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS PARAGRAPH BE
ASSIGNED A WEIGHT IN EXCESS OF  FIVE  PERCENT  OF  A  TEACHER'S  OVERALL
ASSESSMENT  UNDER  THIS SECTION. The commissioner shall also set parame-
ters for appropriate targets for student growth for both  subcomponents,
and the department must affirmatively approve and shall have the author-
ity to disapprove or require modifications of district plans that do not
set  appropriate  growth  targets, including after initial approval. The
commissioner shall set such weights and parameters consistent  with  the
terms contained herein.
  S 2. This act shall take effect immediately.

senate Bill S802

2015-2016 Legislative Session

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree

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

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 16, 2016 referred to codes
delivered to assembly
passed senate
Mar 07, 2016 advanced to third reading
Mar 02, 2016 2nd report cal.
Mar 01, 2016 1st report cal.299
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Mar 23, 2015 referred to codes
delivered to assembly
passed senate
Mar 12, 2015 advanced to third reading
Mar 11, 2015 2nd report cal.
Mar 10, 2015 1st report cal.222
Jan 07, 2015 referred to codes

Co-Sponsors

S802 - Bill Details

See Assembly Version of this Bill:
A8254
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4390, A5846
2011-2012: S2209, A5197
2009-2010: S2119, A10204

S802 - Bill Texts

view summary

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree.

view sponsor memo
BILL NUMBER:S802

TITLE OF BILL: An act to amend the penal law, in relation to
intentional damage to an authorized emergency vehicle

PURPOSE:

To include purposefully damaging an authorized emergency response
vehicle within the definition of Criminal Mischief in the third
degree, a class "E" felony

SUMMARY OF PROVISIONS:

Section one adds a new subdivision 3 to Penal Law section 145.05 to
provide that the offense of criminal mischief in the third degree, a
class "E" felony, is committed when an individual intentionally causes
any damage to any authorized emergency vehicle.

Section two provides that this act shall take effect on the ninetieth
day after it shall have become law.

EXISTING LAW:

Under current law, a person who intentionally damages an authorized
emergency vehicle would be charged with the offense of criminal
mischief in the fourth degree, a class "A" misdemeanor, if the damage
did not exceed $250. If the damage exceeded $250, the charged offense
would be criminal mischief in the third degree.

JUSTIFICATION:

This bill is intended to expand the offense of criminal mischief in
the third degree so that individuals who intentionally damage
authorized emergency vehicles may be charged with a felony instead of
a misdemeanor. Individuals with blatant disregard of the law often
vandalize police and other emergency vehicles by slashing the
vehicle's tires or breaking its windows. If this type of damage does
not exceed the monetary threshold amount of $250, a felony cannot be
charged, even though this type of obstruction to an authorized
emergency vehicle potentially creates a great risk to public safety.

Currently, an individual is guilty of criminal mischief in the fourth
degree, a Class "A" misdemeanor, if he or she intentionally causes
property damage that does not exceed $250 in value. Therefore, when
the damage caused by an individual who flattens the tires or smashes
the window of an authorized emergency vehicle, such as a patrol car,
does not exceed $250, he or she may be charged with only a class "A"
misdemeanor even though the vehicle will have to be removed from
service to undergo repairs. When these vehicles are removed from
service, the ability of first responders to respond to emergencies is
hampered and could lead to the loss of property or life.

LEGISLATIVE HISTORY:

2014: S.4390 - Referred to Codes
2013: S.4390 - Passed the Senate
2012: S.2209 - Referred to Codes


2011: S.2209 - Passed the Senate
2009-10: S.2119 - Referred to Codes both years
2007-8: S.4270 - Passed the Senate both years
2006: S.7838 - Passed the Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   802

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to intentional damage  to  an
  authorized emergency vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 145.05 of the penal law, as amended by chapter  276
of the laws of 2003, is amended to read as follows:
S 145.05 Criminal mischief in the third degree.
  A person is guilty of criminal mischief in the third degree when, with
intent  to  damage property of another person, and having no right to do
so nor any reasonable ground to believe that he or she has  such  right,
he or she:
  1.  damages the motor vehicle of another person, by breaking into such
vehicle when it is locked with the  intent  of  stealing  property,  and
within  the  previous  ten year period, has been convicted three or more
times, in separate criminal transactions for which sentence was  imposed
on  separate  occasions,  of  criminal  mischief in the fourth degree as
defined in section 145.00, criminal mischief  in  the  third  degree  as
defined  in  this  section,  criminal  mischief  in the second degree as
defined in section 145.10, or criminal mischief in the first  degree  as
defined in section 145.12 of this article; or
  2.  damages  property  of  another  person  in an amount exceeding two
hundred fifty dollars; OR
  3. DAMAGES AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN  SECTION  ONE
HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW.
  Criminal mischief in the third degree is a class E felony.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01484-01-5

assembly Bill A7972

Signed By Governor
2015-2016 Legislative Session

Relates to the effectiveness thereof

download bill text pdf

Sponsored By

Current Bill Status Via S4906 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 13, 2015 signed chap.195
Aug 03, 2015 delivered to governor
Jun 15, 2015 returned to senate
passed assembly
ordered to third reading rules cal.311
substituted for a7972
Jun 15, 2015 substituted by s4906
Jun 10, 2015 ordered to third reading rules cal.311
rules report cal.311
reported
Jun 08, 2015 reported referred to rules
Jun 02, 2015 referred to codes

A7972 - Bill Details

See Senate Version of this Bill:
S4906
Law Section:
Executive Law
Laws Affected:
Amd §8, Chap 29 of 2011

A7972 - Bill Texts

view summary

Relates to extending the effectiveness of the interstate compact for juveniles.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7972

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2015
                               ___________

Introduced  by  M. of A. O'DONNELL -- (at request of the Office of Chil-
  dren and Family Services) -- read once and referred to  the  Committee
  on Codes

AN  ACT  to  amend chapter 29 of the laws of 2011 amending the executive
  law and other laws relating to the adoption of the interstate  compact
  for  juveniles by the state of New York, in relation to the effective-
  ness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  8 of chapter 29 of the laws of 2011 amending the
executive law and other laws relating to the adoption of the  interstate
compact  for  juveniles  by the state of New York, as amended by chapter
335 of the laws of 2013, is amended to read as follows:
  S 8. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law and shall expire September 1, [2015] 2020 when upon
such date the provisions of this act shall be deemed repealed; provided,
however, that notwithstanding the provisions of article 5 of the general
construction law, on September 1, [2015] 2020 the provisions of  chapter
155  of  the  laws  of 1955, as repealed by section one of this act, are
hereby revived and shall continue in  full  force  and  effect  as  such
provisions  existed  on  June 1, 2010; provided, further, nothing herein
shall disrupt services, supervision or return of juveniles,  delinquents
and  status  offenders  agreed  to  under  the  repealed 1955 interstate
compact on juveniles prior to such effective date, or preclude the state
of New York from entering into appropriate agreements  with  non-compact
member  states for the proper supervision or return of juveniles, delin-
quents and status offenders who are on probation or parole and who  have
absconded,  escaped  or  run away from supervision and control and in so
doing have endangered their own safety and the safety of others.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09500-01-5

assembly Bill A8080

2015-2016 Legislative Session

Relates to teen dating violence education programs

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to education
Jun 05, 2015 referred to education

Co-Sponsors

A8080 - Bill Details

See Senate Version of this Bill:
S6566
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§11, 13, 2801-a & 801-a, add §13-a, Ed L

A8080 - Bill Texts

view summary

Relates to teen dating violence education programs; requires school districts to create policies, procedures and guidelines to implement education programs for students in kindergarten through twelfth grade to prevent, deter and address incidents of teen dating violence; defines teen dating violence.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8080

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by M. of A. PAULIN, PERSAUD, SIMON -- read once and referred
  to the Committee on Education

AN ACT to amend the education law, in relation to teen  dating  violence
  education programs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7 of  section  11  of  the  education  law,  as
amended  by  chapter  102  of  the  laws  of 2012, is amended to read as
follows:
  7. "Harassment" and "bullying" shall mean the creation  of  a  hostile
environment  by  conduct or by threats, intimidation, COERCION or abuse,
including cyberbullying OR TEEN DATING VIOLENCE, that (a) has  or  would
have  the  effect  of  unreasonably and substantially interfering with a
student's educational performance, opportunities or benefits, or mental,
emotional or physical well-being; or  (b)  reasonably  causes  or  would
reasonably  be  expected to cause a student to fear for his or her phys-
ical safety; or (c) reasonably causes or would reasonably be expected to
cause physical injury or emotional harm to a student; or (d) occurs  off
school  property  and  creates  or  would  foreseeably  create a risk of
substantial disruption within the school environment, where it is  fore-
seeable  that  the  conduct,  threats, intimidation or abuse might reach
school property. Acts of harassment and bullying shall include, but  not
be  limited to, those acts based on a person's actual or perceived race,
color, weight, national origin, ethnic group, religion, religious  prac-
tice, disability, sexual orientation, gender or sex. For the purposes of
this  definition the term "threats, intimidation or abuse" shall include
verbal and non-verbal actions.
  S 2. Section 11 of the education law is amended by adding a new subdi-
vision 9 to read as follows:
  9. "TEEN DATING  VIOLENCE"  SHALL  MEAN  EMOTIONAL  ABUSE,  ELECTRONIC
ABUSE,  SEXUAL  ABUSE  WHICH  INCLUDES  SEXUAL COERCION, AND/OR PHYSICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11422-02-5

A. 8080                             2

ABUSE BY A PERSON TO HARM, THREATEN, INTIMIDATE, CONTROL, AND/OR ATTEMPT
TO CONTROL ANOTHER PERSON IN A RELATIONSHIP OF A  ROMANTIC  OR  INTIMATE
NATURE,  REGARDLESS  OF  WHETHER  THAT RELATIONSHIP IS CONTINUING OR HAD
CONCLUDED   OR  THE  NUMBER  OF  INTERACTIONS  BETWEEN  THE  INDIVIDUALS
INVOLVED.
  S 3. Section 13 of the education law is amended by adding a new subdi-
vision 6 to read as follows:
  6. GUIDELINES RELATING TO THE DEVELOPMENT OF STRATEGIES AND  RESPONSES
TO  TEEN DATING VIOLENCE AS PROVIDED IN SECTION THIRTEEN-A OF THIS ARTI-
CLE.
  S 4. The education law is amended by adding a new section 13-a to read
as follows:
  S 13-A. POLICIES, PROCEDURES AND GUIDELINES FOR TEEN  DATING  VIOLENCE
EDUCATION  PROGRAMS.  1. THE BOARD OF EDUCATION AND THE TRUSTEES OR SOLE
TRUSTEE OF EVERY SCHOOL DISTRICT SHALL CREATE POLICIES,  PROCEDURES  AND
GUIDELINES  TO IMPLEMENT EDUCATION PROGRAMS FOR STUDENTS IN KINDERGARTEN
THROUGH TWELFTH GRADE TO PREVENT, DETER AND ADDRESS  INCIDENTS  OF  TEEN
DATING VIOLENCE THAT INCLUDE, BUT ARE NOT LIMITED TO:
  A.  INCORPORATING  AGE-APPROPRIATE INFORMATION ABOUT HEALTHY RELATION-
SHIPS AND TEEN DATING VIOLENCE INTO  THE  SCHOOL'S  EXISTING  CURRICULUM
THAT  INCLUDES:  (I) A DEFINITION OF TEEN DATING VIOLENCE; (II) RECOGNI-
TION OF WARNING SIGNS; (III) CHARACTERISTICS OF A HEALTHY  RELATIONSHIP;
(IV)  LINKS  BETWEEN  BULLYING AND TEEN DATING VIOLENCE; (V) RESPONSIBLE
USE OF TECHNOLOGY; AND (VI) RESPONSIBLE BYSTANDER SKILLS AND BEHAVIORS;
  B.  PROVIDING  TRAINING  PROGRAMS  FOR  TEACHERS,  ADMINISTRATORS  AND
PERSONNEL;
  C.  DESIGNATING  AT  LEAST  ONE  PERSON AS A PREVENTION LIAISON WHO IS
RESPONSIBLE FOR  COORDINATING  ALL  TEEN  DATING  VIOLENCE  AND  HEALTHY
RELATIONSHIP INITIATIVES; AND
  D. DEVELOPING A RESPONSE PROGRAM TO INCIDENTS OF TEEN DATING VIOLENCE,
WHICH INCLUDES MONITORING AND REPORTING COMPONENTS.
  2.  THE  BOARD  OF EDUCATION AND THE TRUSTEES OR SOLE TRUSTEE OF EVERY
SCHOOL DISTRICT SHALL CREATE SUCH POLICIES, PROCEDURES AND GUIDELINES IN
CONSULTATION WITH THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE
AND LOCAL COMMUNITY PROVIDERS, AND INCLUDE WITHOUT LIMITATION SUCH MODEL
PROVISIONS AS ARE RECOMMENDED BY THE NEW YORK  STATE  COALITION  AGAINST
DOMESTIC VIOLENCE.
  S  5.  Paragraph j of subdivision 2 of section 2801-a of the education
law, as added by chapter 181 of the laws of 2000, is amended to read  as
follows:
  j.  strategies  for improving communication among students and between
students and staff and reporting of potentially violent incidents,  such
as  the  establishment  of  youth-run programs, peer mediation, conflict
resolution, creating a  forum  or  designating  a  mentor  for  students
concerned with bullying or violence, INCLUDING TEEN DATING VIOLENCE, and
establishing anonymous reporting mechanisms for school violence; and
  S  6. Section 801-a of the education law, as amended by chapter 102 of
the laws of 2012, is amended to read as follows:
  S 801-a. Instruction in civility, citizenship and character education.
The regents shall ensure  that  the  course  of  instruction  in  grades
kindergarten  through  twelve includes a component on civility, citizen-
ship and character education. Such component shall instruct students  on
the  principles  of honesty, tolerance, personal responsibility, respect
for others, with an emphasis on  PREVENTING  AND  discouraging  acts  of
harassment,  bullying,  INCLUDING  TEEN DATING VIOLENCE, discrimination,
observance of laws and rules, courtesy, dignity and other  traits  which

A. 8080                             3

will  enhance the quality of their experiences in, and contributions to,
the community. Such component shall include instruction of safe, respon-
sible use of the internet and  electronic  communications.  The  regents
shall  determine how to incorporate such component in existing curricula
and the commissioner shall promulgate any regulations  needed  to  carry
out such determination of the regents. For the purposes of this section,
"tolerance,"  "respect for others" and "dignity" shall include awareness
and sensitivity to harassment, bullying, INCLUDING TEEN DATING VIOLENCE,
discrimination and civility in the  relations  of  people  of  different
races,  weights,  national  origins, ethnic groups, religions, religious
practices, mental or physical abilities, sexual  orientations,  genders,
and sexes.
  S 7. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided that the commissioner of education
is authorized to promulgate any and all rules and regulations  and  take
any other measures necessary to implement this act on its effective date
on or before such date.

assembly Bill A7825

Signed By Governor
2015-2016 Legislative Session

Relates to the correction medical review board's access to autopsies

download bill text pdf

Sponsored By

Current Bill Status Via S4903 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 signed chap.490
Nov 10, 2015 delivered to governor
Jun 15, 2015 returned to senate
passed assembly
ordered to third reading rules cal.307
substituted for a7825
Jun 15, 2015 substituted by s4903
Jun 10, 2015 ordered to third reading rules cal.307
rules report cal.307
reported
Jun 02, 2015 reported referred to rules
May 27, 2015 referred to correction

Co-Sponsors

A7825 - Bill Details

See Senate Version of this Bill:
S4903
Law Section:
County Law
Laws Affected:
Amd §§674 & 677, County L; amd §46, Cor L

A7825 - Bill Texts

view summary

Relates to the correction medical review board's access to autopsies.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7825

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2015
                               ___________

Introduced  by  M.  of  A.  BLAKE, O'DONNELL -- (at request of the State
  Commission of Correction) -- read once and referred to  the  Committee
  on Correction

AN  ACT  to  amend the county law and the correction law, in relation to
  the correction medical review board's access to inmate autopsies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 674 of the county law, as amended
by chapter 491 of the laws of 1987, is amended to read as follows:
  5. [The] NOTWITHSTANDING SECTION SIX HUNDRED SEVENTY OF  THIS  ARTICLE
OR  ANY  OTHER  PROVISION  OF  LAW,  THE coroner, coroner's physician or
medical examiner shall promptly perform or  cause  to  be  performed  an
autopsy  and  to prepare an autopsy report which shall include a toxico-
logical report and any report of any examination or inquiry with respect
to any death occurring within his county to an inmate of a  correctional
facility  as  defined  by  subdivision  three  of  section  forty of the
correction law, whether or not the death occurred inside such facility.
  S 2. Subdivision 6 of section 677 of the county  law,  as  amended  by
section  1  of  part C of chapter 501 of the laws of 2012, is amended to
read as follows:
  6. [The] NOTWITHSTANDING SECTION SIX HUNDRED SEVENTY OF  THIS  ARTICLE
OR  ANY  OTHER  PROVISION  OF  LAW,  THE coroner, coroner's physician or
medical examiner shall promptly provide the chairman of  the  correction
medical  review  board  and  the commissioner of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION with copies of any autopsy report,
toxicological report  or  any  report  of  any  examination  or  inquiry
prepared  with  respect to any death occurring to an inmate of a correc-
tional facility as defined by subdivision three of section forty of  the
correction  law within his county; and shall promptly provide the execu-
tive director of the justice center for the protection  of  people  with
special  needs  with  copies of any autopsy report, toxicology report or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09609-01-5

A. 7825                             2

any report of any examination or inquiry prepared with  respect  to  the
death  of any service recipient occurring while he or she was a resident
in any facility operated, licensed or certified by any agency within the
department  of  mental  hygiene,  the  office  of  children  and  family
services, the department of health or the state education department. If
the toxicological report  is  prepared  pursuant  to  any  agreement  or
contract with any person, partnership, corporation or governmental agen-
cy  with  the coroner or medical examiner, such report shall be promptly
provided to the chairman of the correction  medical  review  board,  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION  or  the executive director of the justice center for people with
special needs, as appropriate, by such person, partnership,  corporation
or governmental agency.
  S  3.  Subdivision  3 of section 46 of the correction law, as added by
chapter 865 of the laws of 1975, is amended to read as follows:
  3. In any case where a person in charge or control of  a  correctional
facility or an officer or employee thereof shall fail to comply with the
provisions of subdivision one, OR IN ANY CASE WHERE A CORONER, CORONER'S
PHYSICIAN  OR  MEDICAL EXAMINER SHALL FAIL TO COMPLY WITH THE PROVISIONS
OF SUBDIVISION SIX OF SECTION SIX HUNDRED SEVENTY-SEVEN  OF  THE  COUNTY
LAW, the commission may apply to the supreme court for an order directed
to such person requiring compliance therewith. Upon such application the
court  may  issue such order as may be just and a failure to comply with
the order of the court shall be a contempt of court  and  punishable  as
such.
  S 4. This act shall take effect immediately.

senate Bill S4903

Signed By Governor
2015-2016 Legislative Session

Relates to the correction medical review board's access to autopsies

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 signed chap.490
Nov 10, 2015 delivered to governor
Jun 15, 2015 returned to senate
passed assembly
ordered to third reading rules cal.307
substituted for a7825
Jun 09, 2015 referred to correction
delivered to assembly
passed senate
Jun 08, 2015 ordered to third reading cal.1372
committee discharged and committed to rules
Apr 23, 2015 referred to local government

S4903 - Bill Details

See Assembly Version of this Bill:
A7825
Law Section:
County Law
Laws Affected:
Amd §§674 & 677, County L; amd §46, Cor L

S4903 - Bill Texts

view summary

Relates to the correction medical review board's access to autopsies.

view sponsor memo
BILL NUMBER:S4903

TITLE OF BILL:

An act to amend the county law and the correction law, in relation to
the correction medical review board's access to inmate autopsies

Purpose of the Bill:

To clarify an existing statutory duty of coroners and medical examiners
to promptly provide an inmate's autopsy and toxicology report to the
Commission of Correction's Medical Review Board.

Summary of Provisions:

Section 1 of the proposal amends subdivision (5) of section 674 of the
County Law to clarify that a coroner or medical examiner shall promptly
perform, or cause to be performed, an autopsy and prepare an autopsy and
toxicological report with respect to the death of any inmate, notwith-
standing County Law section 670 or any other law.

Section 2 of the proposal amends subdivision (6) of section 677 of the
County Law to clarify that a coroner or medical examiner shall promptly
provide an inmate autopsy and toxicology report to the Commission of
Correction's Medical Review Board and the Commissioner of the Department
of Corrections and Community Supervision (DOCCS), notwithstanding County
Law section 670 or any other law The proposal would similarly clarify
the statutory entitlement of the Justice Center for the Protection of
People with Special Needs to autopsies of OMH, OCFS, DOH and SED facili-
ty residents.

Section 3 of the proposal amends subdivision (3) of section 46 of the
correction law to allow the Commission of Correction to apply for an
order of the Supreme Court where a coroner or medical examiner fails to
provide the Commission with an inmate autopsy and toxicology report
pursuant to the County Law.

Section 4 makes the proposal effective immediately.

Existing Law:

County Law § 674(5) requires a coroner or medical examiner to "promptly
perform or cause to be performed an autopsy and to prepare an autopsy
report which shall include a toxicological report and any report of any
examination or inquiry with respect to any death occurring within his
county to an inmate of a correctional facility, whether or not the death
occurred inside such facility." Further, County Law § 677(6) provides
that the coroner or medical examiner "shall promptly provide the chair-
man of the Correction Medical Review Boardwith copies of any autopsy
report, toxicological report or any report of examination or inquiry
prepared with respect to any death occurring to an inmate." County Law
670 renders inapplicable the previous two sections, as well as the

remainder of County Law Article 17-A, where a county's charter, local
law or administrative code conflicts with or limits any such provision
of the County Law.

Prior Legislative History:

This is a new proposal.

Statement in Support:

In the wake of the Attica prison riots, Article 3 of the Correction Law
was ratified in 1975 to restructure the Commission of Correction Gover-
nor Hugh L. Carey's accompanying memorandum stated that the "purpose of
these bills is to establish a full-time and vigorous watchdog organiza-
tion to oversee the performance of the State and local correctional
system," and that "(i)t is of utmost importance that there be some inde-
pendent and effective oversight of the operations of this system to
assure the public that its performance meets or exceeds acceptable stan-
dards " McKinney's 1975 Session Laws of New York, p 1705.

Included in the reform was the formation of the Commission's Correction
Medical Review Board (MRB), which was charged by the New York State
Correction Law to investigate and review the cause and circumstances
surrounding the death of any inmate of a correctional facility, Upon
such review, the MRB is tasked with submitting a report to the Commis-
sion, including appropriate recommendations to prevent the recurrence of
such deaths. To effectuate this duty, the Commission and its MRB are
entitled access to records and information otherwise held strictly
confidential and privileged, including medical and mental health
records, and records and information concerning HIV and AIDS.

Furthermore, Article 17-A of the County Law requires the coroner or
medical examiner of a county to perform an autopsy and toxicology exam
on each inmate who dies within the county, prepare an autopsy and toxi-
cology report, and promptly provide such reports to the Chair of the MRB
Inexplicably, County Law § 670 provides that, where a county's charter,
local law or administrative code conflicts with or limits any provision
of County Law Article 17-A, the County Law is rendered inapplicable
Thus, county governments could theoretically negate their medical exam-
iner's duty to perform an autopsy on a deceased inmate by passage of a
local law. To date, MRB access to several inmate autopsies has been
substantially delayed by local law enforcement under the guise of County
Law § 670.

Failure to amend this statutory anomaly could result in an unnecessary
risk to the local inmate population. Where the MRB has been denied
prompt access to autopsy and toxicology reports, the resulting investi-
gation, review and report of an inmate's demise is consequentially
delayed, in some instances more than two years As the only entity over-
seeing the healthcare delivery systems of local correctional facilities,
the MRB may thus not identify a dangerous individual or systemic condi-
tion that caused an inmate's death until an autopsy report is eventually

disclosed, leaving such condition to persist for the period the report
is withheld.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4903

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced  by  Sen.  GALLIVAN -- (at request of the State Commission of
  Correction) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Local Government

AN  ACT  to  amend the county law and the correction law, in relation to
  the correction medical review board's access to inmate autopsies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 674 of the county law, as amended
by chapter 491 of the laws of 1987, is amended to read as follows:
  5. [The] NOTWITHSTANDING SECTION SIX HUNDRED SEVENTY OF  THIS  ARTICLE
OR  ANY  OTHER  PROVISION  OF  LAW,  THE coroner, coroner's physician or
medical examiner shall promptly perform or  cause  to  be  performed  an
autopsy  and  to prepare an autopsy report which shall include a toxico-
logical report and any report of any examination or inquiry with respect
to any death occurring within his county to an inmate of a  correctional
facility  as  defined  by  subdivision  three  of  section  forty of the
correction law, whether or not the death occurred inside such facility.
  S 2. Subdivision 6 of section 677 of the county  law,  as  amended  by
section  1  of  part C of chapter 501 of the laws of 2012, is amended to
read as follows:
  6. [The] NOTWITHSTANDING SECTION SIX HUNDRED SEVENTY OF  THIS  ARTICLE
OR  ANY  OTHER  PROVISION  OF  LAW,  THE coroner, coroner's physician or
medical examiner shall promptly provide the chairman of  the  correction
medical  review  board  and  the commissioner of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION with copies of any autopsy report,
toxicological report  or  any  report  of  any  examination  or  inquiry
prepared  with  respect to any death occurring to an inmate of a correc-
tional facility as defined by subdivision three of section forty of  the
correction  law within his county; and shall promptly provide the execu-
tive director of the justice center for the protection  of  people  with
special  needs  with  copies of any autopsy report, toxicology report or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09609-01-5

S. 4903                             2

any report of any examination or inquiry prepared with  respect  to  the
death  of any service recipient occurring while he or she was a resident
in any facility operated, licensed or certified by any agency within the
department  of  mental  hygiene,  the  office  of  children  and  family
services, the department of health or the state education department. If
the toxicological report  is  prepared  pursuant  to  any  agreement  or
contract with any person, partnership, corporation or governmental agen-
cy  with  the coroner or medical examiner, such report shall be promptly
provided to the chairman of the correction  medical  review  board,  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION  or  the executive director of the justice center for people with
special needs, as appropriate, by such person, partnership,  corporation
or governmental agency.
  S  3.  Subdivision  3 of section 46 of the correction law, as added by
chapter 865 of the laws of 1975, is amended to read as follows:
  3. In any case where a person in charge or control of  a  correctional
facility or an officer or employee thereof shall fail to comply with the
provisions of subdivision one, OR IN ANY CASE WHERE A CORONER, CORONER'S
PHYSICIAN  OR  MEDICAL EXAMINER SHALL FAIL TO COMPLY WITH THE PROVISIONS
OF SUBDIVISION SIX OF SECTION SIX HUNDRED SEVENTY-SEVEN  OF  THE  COUNTY
LAW, the commission may apply to the supreme court for an order directed
to such person requiring compliance therewith. Upon such application the
court  may  issue such order as may be just and a failure to comply with
the order of the court shall be a contempt of court  and  punishable  as
such.
  S 4. This act shall take effect immediately.

assembly Bill A5846

2015-2016 Legislative Session

Relates to fees for services rendered patients in state inpatient facilities pursuant to court orders

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 12, 2016 reported referred to codes
Jan 06, 2016 referred to mental health
Jun 15, 2015 reported referred to ways and means
Jun 02, 2015 reported referred to codes
Mar 05, 2015 referred to mental health

Co-Sponsors

Multi-Sponsors

A5846 - Bill Details

See Senate Version of this Bill:
S2465
Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §43.03, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6512, S6226
2011-2012: A6147, S3883

A5846 - Bill Texts

view summary

Provides for fees for services rendered patients in state inpatient facilities pursuant to court orders to be paid by the county in which the court is located for the first thirty days.

view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5846

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by M. of A. ORTIZ, BARCLAY -- Multi-Sponsored by -- M. of A.
  TENNEY -- read once and referred to the Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to fees for services
  rendered patients held in state inpatient facilities pursuant to court
  orders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (c) of section 43.03 of the mental hygiene law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (c) Patients receiving services while being held pursuant to order  of
a criminal court, other than patients committed to the department pursu-
ant  to section 330.20 of the criminal procedure law, or for examination
pursuant to an order of the family court shall  not  be  liable  to  the
department  for such services. Fees due the department for such services
shall be paid by the county in which such court is located [except  that
counties]  FOR  UP  TO  AND  INCLUDING  ONLY  THE  FIRST  THIRTY DAYS OF
SERVICES. COUNTIES shall not be responsible for  the  cost  of  services
rendered patients committed to the department pursuant to section 330.20
of  the  criminal  procedure law or patients committed to the department
pursuant to article ten of this chapter.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03648-01-5

assembly Bill A7154A

2015-2016 Legislative Session

Prohibits possession of e-cigarettes on school grounds

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2016 reported referred to rules
Feb 18, 2016 print number 7154c
amend and recommit to codes
Jan 26, 2016 reported referred to codes
Jan 21, 2016 print number 7154b
amend and recommit to health
Jan 06, 2016 referred to health
Jun 15, 2015 reported referred to rules
May 28, 2015 reported referred to codes
May 19, 2015 print number 7154a
amend and recommit to health
Apr 27, 2015 referred to health

Bill Amendments

A7154
A7154A
A7154B
A7154C
A7154
A7154A
A7154B
A7154C

A7154 - Bill Details

See Senate Version of this Bill:
S4188A
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154 - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7154

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  IT  SHALL  BE  UNLAWFUL  TO  POSSESS AN E-CIGARETTE, AS DEFINED IN
SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THIS
CHAPTER,  ON  SCHOOL  GROUNDS,  AS DEFINED IN SUBDIVISION SIX OF SECTION
THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-01-5

A7154A - Bill Details

See Senate Version of this Bill:
S4188A
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154A - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7154--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to prohibiting e-ci-
  garettes on school grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1399-o  of  the  public health law is amended by
adding a new subdivision 4 to read as follows:
  4. ACTIVATION OR USE OF AN  ELECTRONIC  CIGARETTE  OR  E-CIGARETTE  TO
SIMULATE SMOKING SHALL NOT BE PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN
SUBDIVISION  SIX OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTI-
CLE.
  A. "SMOKING" SHALL HAVE THE SAME MEANING AS IN  SUBDIVISION  EIGHT  OF
SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-07-5

Co-Sponsors

A7154B - Bill Details

See Senate Version of this Bill:
S4188A
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154B - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7154--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Health in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  ACTIVATION  OR  USE  OF  AN ELECTRONIC CIGARETTE OR E-CIGARETTE TO
SIMULATE SMOKING SHALL NOT BE PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN
SUBDIVISION SIX OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS  ARTI-
CLE.
  A.  "SMOKING"  SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION EIGHT OF
SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-08-6

Co-Sponsors

A7154C - Bill Details

See Senate Version of this Bill:
S4188A
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154C - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7154--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  ABINANTI, GALEF -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the  Committee  on  Health  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
  --  reported  and  referred  to  the  Committee  on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  A.  USE  OF  AN  ELECTRONIC  CIGARETTE OR E-CIGARETTE SHALL NOT BE
PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION  SIX  OF  SECTION
THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-11-6

assembly Bill A7154

2015-2016 Legislative Session

Prohibits possession of e-cigarettes on school grounds

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2016 reported referred to rules
Feb 18, 2016 print number 7154c
amend and recommit to codes
Jan 26, 2016 reported referred to codes
Jan 21, 2016 print number 7154b
amend and recommit to health
Jan 06, 2016 referred to health
Jun 15, 2015 reported referred to rules
May 28, 2015 reported referred to codes
May 19, 2015 print number 7154a
amend and recommit to health
Apr 27, 2015 referred to health

Bill Amendments

A7154
A7154A
A7154B
A7154C
A7154
A7154A
A7154B
A7154C

A7154 - Bill Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154 - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7154

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  IT  SHALL  BE  UNLAWFUL  TO  POSSESS AN E-CIGARETTE, AS DEFINED IN
SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THIS
CHAPTER,  ON  SCHOOL  GROUNDS,  AS DEFINED IN SUBDIVISION SIX OF SECTION
THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-01-5

A7154A - Bill Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154A - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7154--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to prohibiting e-ci-
  garettes on school grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1399-o  of  the  public health law is amended by
adding a new subdivision 4 to read as follows:
  4. ACTIVATION OR USE OF AN  ELECTRONIC  CIGARETTE  OR  E-CIGARETTE  TO
SIMULATE SMOKING SHALL NOT BE PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN
SUBDIVISION  SIX OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTI-
CLE.
  A. "SMOKING" SHALL HAVE THE SAME MEANING AS IN  SUBDIVISION  EIGHT  OF
SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-07-5

Co-Sponsors

A7154B - Bill Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154B - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7154--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Health in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  ACTIVATION  OR  USE  OF  AN ELECTRONIC CIGARETTE OR E-CIGARETTE TO
SIMULATE SMOKING SHALL NOT BE PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN
SUBDIVISION SIX OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS  ARTI-
CLE.
  A.  "SMOKING"  SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION EIGHT OF
SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-08-6

Co-Sponsors

A7154C - Bill Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S4188A

A7154C - Bill Texts

view summary

Prohibits use of e-cigarettes on school grounds.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7154--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  ABINANTI, GALEF -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the  Committee  on  Health  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
  --  reported  and  referred  to  the  Committee  on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to prohibiting  e-ci-
  garettes on school grounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  A.  USE  OF  AN  ELECTRONIC  CIGARETTE OR E-CIGARETTE SHALL NOT BE
PERMITTED ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION  SIX  OF  SECTION
THIRTEEN HUNDRED NINETY-NINE-N OF THIS ARTICLE.
  B. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09576-11-6

assembly Bill A5161C

2015-2016 Legislative Session

Relates to requiring a medical facility or related services to obtain express prior written consent before the making and/or broadcasting of visual images of a patient's medical treatment

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 ordered to third reading rules cal.436
rules report cal.436
reported
Jun 15, 2016 reported referred to rules
Jun 13, 2016 print number 5161d
amend and recommit to codes
Feb 02, 2016 reported referred to codes
Jan 06, 2016 referred to health
Jun 15, 2015 reported referred to rules
Jun 10, 2015 print number 5161c
amend and recommit to codes
Jun 02, 2015 reported referred to codes
May 28, 2015 print number 5161b
amend and recommit to health
Mar 23, 2015 print number 5161a
amend (t) and recommit to health
Feb 12, 2015 referred to health

Bill Amendments

A5161
A5161A
A5161B
A5161C
A5161D
A5161
A5161A
A5161B
A5161C
A5161D

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A5161 - Bill Details

See Senate Version of this Bill:
S4622B
Law Section:
Public Health Law
Laws Affected:
Add §2806-c, Pub Health L; amd §50-c, Civ Rts L

A5161 - Bill Texts

view summary

Relates to requiring a medical facility or related services to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5161

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the penal law, in relation  to
  prohibiting  filming  and  broadcast of individuals undergoing medical
  treatment without prior written consent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  f  of  subdivision  3 of section 2803-c of the
public health law, as added by chapter 648  of  the  laws  of  1975,  is
amended to read as follows:
  f. Every patient shall have the right to have privacy in treatment and
in  caring  for  personal  needs,  confidentiality  in  the treatment of
personal  and  medical  records,  and  security  in   storing   personal
possessions.
  PRIVACY  IN TREATMENT SHALL ENTAIL THE OBTAINMENT BY A MEDICAL FACILI-
TY, AMBULANCE SERVICE AS DEFINED BY SUBDIVISION  TWO  OF  SECTION  THREE
THOUSAND  ONE OF THIS CHAPTER, VOLUNTARY AMBULANCE SERVICE AS DEFINED BY
SUBDIVISION THREE OF SECTION THREE THOUSAND  ONE  OF  THIS  CHAPTER,  OR
CERTIFIED  FIRST  RESPONDERS  AS  DEFINED BY SUBDIVISION FIVE OF SECTION
THREE THOUSAND ONE OF THIS CHAPTER, OF  EXPRESS  WRITTEN  CONSENT  ON  A
SEPARATE  DOCUMENT  USED  SOLELY  FOR  SUCH  PURPOSE  FROM AN INDIVIDUAL
RECEIVING TREATMENT FROM SUCH FACILITY AND/OR SERVICES PRIOR TO  FILMING
AND/OR  BROADCASTING  FOOTAGE  OF  SUCH  TREATMENT. A PATIENT'S POWER OF
ATTORNEY MAY GRANT SUCH CONSENT IF IT CANNOT REASONABLY BE OBTAINED FROM
SUCH PATIENT DUE TO SUCH PATIENT'S INCAPACITY.
  FOR THE PURPOSES OF THIS PROVISION, "MEDICAL FACILITY"  SHALL  MEAN  A
RESIDENTIAL  HEALTH CARE FACILITY, GENERAL HOSPITAL, FREE-STANDING AMBU-
LATORY CARE FACILITY, DIAGNOSTIC  AND/OR  TREATMENT  CENTER  AND  CLINIC
AUTHORIZED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
  S  2. Section 250.65 of the penal law is renumbered section 250.70 and
a new section 250.65 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-04-5

A. 5161                             2

S 250.65 UNLAWFULLY RECORDING MEDICAL TREATMENT.
  A  PERSON  IS GUILTY OF UNLAWFULLY RECORDING MEDICAL TREATMENT WHEN HE
OR SHE FILMS AND/OR BROADCASTS FOOTAGE OF MEDICAL TREATMENT IN VIOLATION
OF PARAGRAPH F OF SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT  HUNDRED
THREE-C OF THE PUBLIC HEALTH LAW.
  UNLAWFULLY RECORDING MEDICAL TREATMENT IS A CLASS E FELONY.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the first of November  next
succeeding the date on which it shall have become a law.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A5161A - Bill Details

See Senate Version of this Bill:
S4622B
Law Section:
Public Health Law
Laws Affected:
Add §2806-c, Pub Health L; amd §50-c, Civ Rts L

A5161A - Bill Texts

view summary

Relates to requiring a medical facility or related services to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5161--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, MILLER,
  BRINDISI,  ARROYO,  HOOPER,  GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,
  FINCH,  SALADINO, ROBINSON, SEAWRIGHT, FRIEND -- Multi-Sponsored by --
  M. of A.  CERETTO,  HIKIND,  PALMESANO,  PEOPLES-STOKES,  SCHIMMINGER,
  SIMON,  TITONE -- read once and referred to the Committee on Health --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the public health   law, the penal law and the civil
  rights law, in relation to prohibiting filming and broadcast of  indi-
  viduals undergoing medical treatment without prior written consent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph f of subdivision  3  of  section  2803-c  of  the
public  health  law,  as  added  by  chapter 648 of the laws of 1975, is
amended to read as follows:
  f. Every patient shall have the right to have privacy in treatment and
in caring for personal needs, INCLUDING THE FILMING AND BROADCASTING  OF
MEDICAL  PROCEDURES  WITH  THE EXCEPTION OF FILMING AND BROADCASTING FOR
THE PURPOSES OF ADVANCING THE MEDICAL TREATMENT OF  THE  INDIVIDUAL  AND
HOSPITAL  SECURITY;  confidentiality  in  the  treatment of personal and
medical records, and security in storing personal possessions.
  (I) PRIVACY IN TREATMENT SHALL ENTAIL  THE  OBTAINMENT  BY  A  MEDICAL
FACILITY,  AMBULANCE  SERVICE  AS  DEFINED BY SUBDIVISION TWO OF SECTION
THREE THOUSAND ONE OF  THIS  CHAPTER,  VOLUNTARY  AMBULANCE  SERVICE  AS
DEFINED BY SUBDIVISION THREE OF SECTION THREE THOUSAND ONE OF THIS CHAP-
TER,  OR  CERTIFIED  FIRST  RESPONDERS AS DEFINED BY SUBDIVISION FIVE OF
SECTION THREE THOUSAND ONE OF THIS CHAPTER, OF EXPRESS  WRITTEN  CONSENT
ON  A  SEPARATE DOCUMENT USED SOLELY FOR SUCH PURPOSE FROM AN INDIVIDUAL
RECEIVING TREATMENT FROM SUCH FACILITY AND/OR SERVICES PRIOR TO  FILMING
AND/OR  BROADCASTING  FOOTAGE  OF  SUCH  TREATMENT. A PATIENT'S POWER OF
ATTORNEY, HEALTH CARE PROXY OR NEXT OF KIN MAY GRANT SUCH CONSENT IF  IT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-11-5

A. 5161--A                          2

CANNOT  REASONABLY  BE  OBTAINED FROM SUCH PATIENT DUE TO SUCH PATIENT'S
INCAPACITY.
  (II) IF THE MEDICAL FACILITY AND/OR MEDICAL STAFF ARE UNABLE TO SECURE
A  PATIENT'S  OR  THEIR REPRESENTATIVE'S PRIOR CONSENT FOR RECORDING THE
PARTICULAR PROCEDURE OR EVENT SOUGHT, AS OUTLINED IN SUBPARAGRAPH (I) OF
THIS PARAGRAPH, THE IMAGES MAY STILL BE RECORDED AND PREPARED FOR QUALI-
TY IMPROVEMENT AND/OR  QUALITY  ASSURANCE  PURPOSES,  PROVIDED  THAT  NO
RECORDED IMAGES WILL BE REVIEWED, USED OR RELEASED FOR ANY PURPOSE UNTIL
THE PROPER INFORMED CONSENT IS OBTAINED. IF SUCH INFORMED CONSENT IS NOT
OBTAINED, ALL RECORDED IMAGES SHOWING AND/OR INVOLVING THE PATIENT SHALL
BE  DESTROYED.  IN  THE EVENT A PATIENT OR THEIR REPRESENTATIVE REQUESTS
FILMING TO CEASE, THE REQUEST SHALL BE HONORED IMMEDIATELY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH: (1) "MEDICAL FACILITY" SHALL
MEAN A RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL, FREE-STANDING
AMBULATORY CARE FACILITY, DIAGNOSTIC AND/OR TREATMENT CENTER AND  CLINIC
AUTHORIZED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS CHAPTER; (2) "QUALITY
IMPROVEMENT AND/OR QUALITY ASSURANCE PURPOSES" SHALL MEAN ANY EVALUATION
OF SERVICES PROVIDED IN SUCH MEDICAL FACILITIES FOR PURPOSES OF IMPROVE-
MENT IN SAFETY, QUALITY AND/OR OUTCOMES.
  S 2. Section 250.65 of the penal law is renumbered section 250.70  and
a new section 250.65 is added to read as follows:
S 250.65 UNLAWFULLY RECORDING MEDICAL TREATMENT.
  A  PERSON  IS GUILTY OF UNLAWFULLY RECORDING MEDICAL TREATMENT WHEN HE
OR SHE FILMS AND/OR BROADCASTS FOOTAGE OF MEDICAL TREATMENT IN VIOLATION
OF PARAGRAPH F OF SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT  HUNDRED
THREE-C OF THE PUBLIC HEALTH LAW.
  UNLAWFULLY RECORDING MEDICAL TREATMENT IS A CLASS E FELONY.
  S  3.  Section 50-c of the civil rights law, as amended by chapter 643
of the laws of 1999, is amended to read as follows:
  S 50-c. Private right of action. 1. If the identity of the  victim  of
an offense defined in subdivision one of section fifty-b of this article
is  disclosed  in  violation of such section, any person injured by such
disclosure may bring an action to recover damages suffered by reason  of
such  wrongful disclosure. In any action brought under this section, the
court may award reasonable attorney's fees to a prevailing plaintiff.
  2. IF THE PRIVACY OF AN INDIVIDUAL AS DEFINED IN PARAGRAPH F OF SUBDI-
VISION THREE OF SECTION  TWENTY-EIGHT  HUNDRED  THREE-C  OF  THE  PUBLIC
HEALTH  LAW REGARDING THE FILMING AND BROADCASTING OF MEDICAL PROCEDURES
IS VIOLATED, SUCH INDIVIDUAL OR THEIR ESTATE REPRESENTATIVE MAY BRING AN
ACTION TO RECOVER DAMAGES SUFFERED BY REASON OF SUCH VIOLATION.  IN  ANY
ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD REASONABLE ATTOR-
NEY'S FEES TO A PREVAILING PLAINTIFF. THE CAUSE OF ACTION CREATED HEREIN
SHALL SURVIVE THE DEATH OF SUCH INDIVIDUAL.
  S  4.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the first of November  next
succeeding the date on which it shall have become a law.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A5161B - Bill Details

See Senate Version of this Bill:
S4622B
Law Section:
Public Health Law
Laws Affected:
Add §2806-c, Pub Health L; amd §50-c, Civ Rts L

A5161B - Bill Texts

view summary

Relates to requiring a medical facility or related services to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5161--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, MILLER,
  BRINDISI,  ARROYO,  HOOPER,  GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,
  FINCH, SALADINO, ROBINSON, SEAWRIGHT, FRIEND, RUSSELL, GALEF, KAVANAGH
  --  Multi-Sponsored  by  --  M.  of  A.  CERETTO,  HIKIND,  PALMESANO,
  PEOPLES-STOKES, SCHIMMINGER, SIMON, TITONE -- read once  and  referred
  to  the  Committee  on  Health  -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the public health law  and  the  civil  rights  law,  in
  relation  to  prohibiting  the  making  and/or  broadcasting of visual
  images of individuals undergoing medical treatment without prior writ-
  ten consent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2806-c to read as follows:
  S 2806-C. RESTRICTIONS ON VISUAL IMAGES OF PATIENTS. 1. EVERY PATIENT,
IN OR BEING SERVED BY A HEALTH CARE FACILITY, SHALL HAVE  THE  RIGHT  TO
HAVE  PRIVACY  IN  TREATMENT AND IN CARING FOR PERSONAL NEEDS, INCLUDING
THE MAKING OR BROADCASTING OF A VISUAL IMAGE OF A HEALTH CARE  PROCEDURE
INCLUDING  THE  PATIENT,  WITH THE EXCEPTION OF MAKING OR BROADCASTING A
VISUAL IMAGE FOR THE PURPOSES OF ADVANCING THE HEALTH CARE TREATMENT  OF
THE  INDIVIDUAL,  A QUALITY ASSURANCE PROGRAM, THE EDUCATION OR TRAINING
OF HEALTH CARE PERSONNEL, OR SECURITY.
  2. PRIVACY IN TREATMENT SHALL INCLUDE THE OBTAINING BY THE HEALTH CARE
FACILITY OF EXPRESS WRITTEN CONSENT ON A SEPARATE DOCUMENT  USED  SOLELY
FOR SUCH PURPOSE FROM AN INDIVIDUAL RECEIVING TREATMENT FROM SUCH FACIL-
ITY  OR  SERVICES PRIOR TO MAKING OR BROADCASTING A VISUAL IMAGE OF SUCH
TREATMENT. IN THE CASE OF MAKING OR  BROADCASTING  A  VISUAL  IMAGE  FOR
EDUCATION  OR  TRAINING OF HEALTH CARE PERSONNEL, THE PATIENT SHALL HAVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-15-5

A. 5161--B                          2

THE RIGHT TO KNOW OF AND SHALL HAVE THE RIGHT TO REFUSE  THE  MAKING  OR
BROADCASTING  FOR  THAT  PURPOSE.  A  PERSON  LEGALLY AUTHORIZED TO MAKE
HEALTH CARE DECISIONS FOR THE PATIENT OR OTHERWISE AUTHORIZED TO CONSENT
MAY  GRANT  SUCH  CONSENT OR EXERCISE SUCH REFUSAL IF THE PATIENT CANNOT
REASONABLY DO SO DUE TO SUCH PATIENT'S INCAPACITY.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A) "HEALTH CARE FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACIL-
ITY, GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY,  DIAGNOS-
TIC  AND/OR  TREATMENT  CENTER AND CLINIC AUTHORIZED UNDER THIS ARTICLE,
AMBULANCE SERVICE AS DEFINED BY SUBDIVISION TWO OF SECTION  THREE  THOU-
SAND  ONE  OF  THIS  CHAPTER,  VOLUNTARY AMBULANCE SERVICE AS DEFINED BY
SUBDIVISION THREE OF SECTION THREE THOUSAND  ONE  OF  THIS  CHAPTER,  OR
CERTIFIED  FIRST  RESPONDERS  AS  DEFINED BY SUBDIVISION FIVE OF SECTION
THREE THOUSAND ONE OF THIS CHAPTER;
  (B) "QUALITY ASSURANCE" SHALL MEAN ANY EVALUATION OF SERVICES PROVIDED
IN OR BY A HEALTH CARE FACILITY FOR PURPOSES OF IMPROVEMENT  IN  SAFETY,
QUALITY OR OUTCOMES;
  (C)  "EDUCATION  OR  TRAINING  OF  HEALTH CARE PERSONNEL" SHALL MEAN A
PROGRAM OF EDUCATION OR TRAINING OF HEALTH CARE  PERSONNEL  OR  STUDENTS
BEING  EDUCATED  OR TRAINED TO BE HEALTH CARE PERSONNEL, THAT THE HEALTH
CARE FACILITY HAS AUTHORIZED;
  (D) "BROADCASTING A VISUAL IMAGE" SHALL MEAN  TRANSMISSION  BY  BROAD-
CAST,  CABLE,  CLOSED  CIRCUIT,  INTERNET  OR OTHER TELEVISION OR VISUAL
MEDIUM; SOCIAL MEDIA; OR OTHER SYSTEM BY  WHICH  IT  CAN  BE  VIEWED  IN
VIOLATION OF THE PRIVACY RIGHTS AND EXPECTATIONS OF A PATIENT.
  4. NOTHING IN THIS SECTION SHALL DIMINISH OR IMPAIR ANY RIGHT OR REME-
DY OTHERWISE APPLICABLE TO ANY PATIENT.
  S  2.  Section 50-c of the civil rights law, as amended by chapter 643
of the laws of 1999, is amended to read as follows:
  S 50-c. Private right of action.  1. If the identity of the victim  of
an offense defined in subdivision one of section fifty-b of this article
is  disclosed  in  violation of such section, any person injured by such
disclosure may bring an action to recover damages suffered by reason  of
such  wrongful disclosure. In any action brought under this section, the
court may award reasonable attorney's fees to a prevailing plaintiff.
  2. IF THE PRIVACY OF AN INDIVIDUAL AS DEFINED IN SECTION  TWENTY-EIGHT
HUNDRED  SIX-C  OF THE PUBLIC HEALTH LAW REGARDING THE MAKING AND BROAD-
CASTING OF VISUAL IMAGES OF MEDICAL PROCEDURES IS VIOLATED,  SUCH  INDI-
VIDUAL  OR  THEIR  ESTATE  REPRESENTATIVE MAY BRING AN ACTION TO RECOVER
DAMAGES SUFFERED BY REASON OF SUCH  VIOLATION.  IN  ANY  ACTION  BROUGHT
UNDER  THIS SECTION, THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A
PREVAILING PLAINTIFF. THE CAUSE OF ACTION CREATED HEREIN  SHALL  SURVIVE
THE DEATH OF SUCH INDIVIDUAL.
  S 3. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A5161C - Bill Details

See Senate Version of this Bill:
S4622B
Law Section:
Public Health Law
Laws Affected:
Add §2806-c, Pub Health L; amd §50-c, Civ Rts L

A5161C - Bill Texts

view summary

Relates to requiring a medical facility or related services to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5161--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, MILLER,
  BRINDISI,  ARROYO,  HOOPER,  GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,
  FINCH, SALADINO, ROBINSON, SEAWRIGHT, FRIEND, RUSSELL, GALEF, KAVANAGH
  --  Multi-Sponsored  by  --  M.  of  A.  CERETTO,  HIKIND,  PALMESANO,
  PEOPLES-STOKES, SCHIMMINGER, SIMON, TITONE -- read once  and  referred
  to  the  Committee  on  Health  -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee -- reported and  referred
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law  and  the  civil  rights  law,  in
  relation  to  prohibiting  the  making  and/or  broadcasting of visual
  images of individuals undergoing medical treatment without prior writ-
  ten consent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2806-c to read as follows:
  S 2806-C. RESTRICTIONS ON VISUAL IMAGES OF PATIENTS. 1. EVERY PATIENT,
IN OR BEING SERVED BY A HEALTH CARE FACILITY, SHALL HAVE  THE  RIGHT  TO
HAVE  PRIVACY  IN  TREATMENT AND IN CARING FOR PERSONAL NEEDS, INCLUDING
THE MAKING OR BROADCASTING OF A VISUAL IMAGE OF A HEALTH CARE  PROCEDURE
INCLUDING  THE  PATIENT,  WITH THE EXCEPTION OF MAKING OR BROADCASTING A
VISUAL IMAGE FOR THE PURPOSES OF ADVANCING THE HEALTH CARE TREATMENT  OF
THE  INDIVIDUAL,  A QUALITY ASSURANCE PROGRAM, THE EDUCATION OR TRAINING
OF HEALTH CARE PERSONNEL, OR NECESSARY SECURITY PURPOSES.
  2. PRIVACY IN TREATMENT SHALL INCLUDE THE OBTAINING BY THE HEALTH CARE
FACILITY OF EXPRESS WRITTEN CONSENT ON A SEPARATE DOCUMENT  USED  SOLELY
FOR SUCH PURPOSE FROM AN INDIVIDUAL RECEIVING TREATMENT FROM SUCH FACIL-
ITY  OR  SERVICES PRIOR TO MAKING OR BROADCASTING A VISUAL IMAGE OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-17-5

A. 5161--C                          2

TREATMENT. IN THE CASE OF MAKING OR  BROADCASTING  A  VISUAL  IMAGE  FOR
EDUCATION  OR  TRAINING OF HEALTH CARE PERSONNEL, THE PATIENT SHALL HAVE
THE RIGHT TO KNOW OF AND SHALL HAVE THE RIGHT TO REFUSE  THE  MAKING  OR
BROADCASTING  FOR  THAT  PURPOSE.  A  PERSON  LEGALLY AUTHORIZED TO MAKE
HEALTH CARE DECISIONS FOR THE PATIENT OR OTHERWISE AUTHORIZED TO CONSENT
MAY GRANT SUCH CONSENT OR EXERCISE SUCH REFUSAL IF  THE  PATIENT  CANNOT
REASONABLY DO SO DUE TO SUCH PATIENT'S INCAPACITY.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A) "HEALTH CARE FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACIL-
ITY,  GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY, DIAGNOS-
TIC AND/OR TREATMENT CENTER AND CLINIC AUTHORIZED  UNDER  THIS  ARTICLE,
AMBULANCE  SERVICE  AS DEFINED BY SUBDIVISION TWO OF SECTION THREE THOU-
SAND ONE OF THIS CHAPTER, VOLUNTARY  AMBULANCE  SERVICE  AS  DEFINED  BY
SUBDIVISION  THREE  OF  SECTION  THREE  THOUSAND ONE OF THIS CHAPTER, OR
CERTIFIED FIRST RESPONDERS AS DEFINED BY  SUBDIVISION  FIVE  OF  SECTION
THREE THOUSAND ONE OF THIS CHAPTER;
  (B) "QUALITY ASSURANCE" SHALL MEAN ANY EVALUATION OF SERVICES PROVIDED
IN  OR  BY A HEALTH CARE FACILITY FOR PURPOSES OF IMPROVEMENT IN SAFETY,
QUALITY OR OUTCOMES;
  (C) "EDUCATION OR TRAINING OF HEALTH  CARE  PERSONNEL"  SHALL  MEAN  A
PROGRAM  OF  EDUCATION  OR TRAINING OF HEALTH CARE PERSONNEL OR STUDENTS
BEING EDUCATED OR TRAINED TO BE HEALTH CARE PERSONNEL, THAT  THE  HEALTH
CARE FACILITY HAS AUTHORIZED;
  (D)  "BROADCASTING  A  VISUAL IMAGE" SHALL MEAN TRANSMISSION BY BROAD-
CAST, CABLE, CLOSED CIRCUIT, INTERNET  OR  OTHER  TELEVISION  OR  VISUAL
MEDIUM;  SOCIAL  MEDIA;  OR  OTHER  SYSTEM  BY WHICH IT CAN BE VIEWED IN
VIOLATION OF THE PRIVACY RIGHTS AND EXPECTATIONS OF A PATIENT.
  4. NOTHING IN THIS SECTION SHALL DIMINISH OR IMPAIR ANY RIGHT OR REME-
DY OTHERWISE APPLICABLE TO ANY PATIENT.
  S 2. Section 50-c of the civil rights law, as amended by  chapter  643
of the laws of 1999, is amended to read as follows:
  S  50-c. Private right of action.  1. If the identity of the victim of
an offense defined in subdivision one of section fifty-b of this article
is disclosed in violation of such section, any person  injured  by  such
disclosure  may bring an action to recover damages suffered by reason of
such wrongful disclosure. In any action brought under this section,  the
court may award reasonable attorney's fees to a prevailing plaintiff.
  2.  IF THE PRIVACY OF AN INDIVIDUAL AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED SIX-C OF THE PUBLIC HEALTH  LAW  REGARDING  THE  RIGHT  TO  HAVE
PRIVACY  IN  TREATMENT  AND  IN CARING FOR PERSONAL NEEDS, INCLUDING THE
MAKING OR BROADCASTING OF A VISUAL IMAGE  OF  A  HEALTH  CARE  PROCEDURE
INCLUDING  THE  PATIENT,  SUCH INDIVIDUAL OR HIS OR HER ESTATE REPRESEN-
TATIVE MAY BRING AN ACTION TO RECOVER DAMAGES SUFFERED BY REASON OF SUCH
VIOLATION. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD
REASONABLE ATTORNEY'S FEES TO  A  PREVAILING  PLAINTIFF.  THE  CAUSE  OF
ACTION CREATED HEREIN SHALL SURVIVE THE DEATH OF SUCH INDIVIDUAL.
  S 3. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A5161D - Bill Details

See Senate Version of this Bill:
S4622B
Law Section:
Public Health Law
Laws Affected:
Add §2806-c, Pub Health L; amd §50-c, Civ Rts L

A5161D - Bill Texts

view summary

Relates to requiring a medical facility or related services to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5161--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, MILLER,
  BRINDISI,  ARROYO,  HOOPER,  GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,
  FINCH,   SALADINO,   ROBINSON,   SEAWRIGHT,  FRIEND,  RUSSELL,  GALEF,
  KAVANAGH, HEVESI -- Multi-Sponsored by -- M. of  A.  CERETTO,  HIKIND,
  McDONOUGH,  PALMESANO,  PEOPLES-STOKES,  SCHIMMINGER, SIMON, TITONE --
  read once and  referred  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  reported  and  referred  to  the  Committee  on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Health in accord-
  ance with Assembly Rule 3, sec. 2 --  reported  and  referred  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law  and  the  civil  rights  law,  in
  relation  to  prohibiting  the  making  and/or  broadcasting of visual
  images of individuals undergoing medical treatment without prior writ-
  ten consent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2806-c to read as follows:
  S 2806-C. RESTRICTIONS ON BROADCASTING OF PATIENTS. 1.  EVERY  PATIENT
IN A HEALTH CARE FACILITY SHALL HAVE THE RIGHT TO HAVE PRIVACY IN TREAT-
MENT AND IN CARING FOR PERSONAL NEEDS, INCLUDING THE BROADCASTING OF THE
RECOGNIZABLE  IMAGE  OR SPEECH OF SUCH PATIENT INVOLVED IN A HEALTH CARE
PROCEDURE IN SUCH FACILITY, WITH  THE  EXCEPTION  OF  BROADCASTING  SUCH
IMAGE  OR SPEECH FOR THE PURPOSES OF ADVANCING THE HEALTH CARE TREATMENT
OF THE INDIVIDUAL, A QUALITY ASSURANCE PROGRAM, THE EDUCATION OR  TRAIN-
ING OF HEALTH CARE PERSONNEL, OR NECESSARY SECURITY PURPOSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08232-21-6

A. 5161--D                          2

  2. SUCH PRIVACY IN TREATMENT SHALL INCLUDE THE OBTAINING BY THE HEALTH
CARE  FACILITY  OF  EXPRESS  WRITTEN CONSENT ON A SEPARATE DOCUMENT USED
SOLELY FOR SUCH PURPOSE FROM AN INDIVIDUAL RECEIVING TREATMENT  IN  SUCH
FACILITY  PRIOR TO BROADCASTING THE RECOGNIZABLE IMAGE OR SPEECH OF SUCH
PATIENT  INVOLVED  IN  SUCH  TREATMENT.  IN THE CASE OF BROADCASTING THE
RECOGNIZABLE IMAGE OR SPEECH FOR EDUCATION OR TRAINING  OF  HEALTH  CARE
PERSONNEL,  THE  PATIENT  SHALL HAVE THE RIGHT TO KNOW OF AND SHALL HAVE
THE RIGHT TO REFUSE THE BROADCASTING FOR THAT PURPOSE. A PERSON  LEGALLY
AUTHORIZED  TO  MAKE  HEALTH CARE DECISIONS FOR THE PATIENT OR OTHERWISE
AUTHORIZED TO CONSENT MAY GRANT SUCH CONSENT OR EXERCISE SUCH REFUSAL IF
THE PATIENT CANNOT REASONABLY DO SO DUE TO SUCH PATIENT'S INCAPACITY.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A) "HEALTH CARE FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACIL-
ITY, GENERAL HOSPITAL, FREE-STANDING AMBULATORY CARE FACILITY,  DIAGNOS-
TIC AND/OR TREATMENT CENTER AND CLINIC AUTHORIZED UNDER THIS ARTICLE, OR
AMBULANCE OPERATED BY AN AMBULANCE SERVICE AS DEFINED BY SUBDIVISION TWO
OF  SECTION  THREE  THOUSAND ONE OF THIS CHAPTER OR BY A VOLUNTARY AMBU-
LANCE SERVICE AS DEFINED BY SUBDIVISION THREE OF SECTION THREE  THOUSAND
ONE OF THIS CHAPTER;
  (B) "QUALITY ASSURANCE" SHALL MEAN ANY EVALUATION OF SERVICES PROVIDED
IN  OR  BY A HEALTH CARE FACILITY FOR PURPOSES OF IMPROVEMENT IN SAFETY,
QUALITY OR OUTCOMES;
  (C) "EDUCATION OR TRAINING OF HEALTH  CARE  PERSONNEL"  SHALL  MEAN  A
PROGRAM  OF  EDUCATION  OR TRAINING OF HEALTH CARE PERSONNEL OR STUDENTS
BEING EDUCATED OR TRAINED TO BE HEALTH CARE PERSONNEL, THAT  THE  HEALTH
CARE FACILITY HAS AUTHORIZED;
  (D)  "BROADCASTING"  OF  AN IMAGE OR SPEECH SHALL MEAN TRANSMISSION BY
BROADCAST, CABLE, CLOSED CIRCUIT, INTERNET OR OTHER TELEVISION OR VISUAL
MEDIUM, SOCIAL MEDIA, OR OTHER SYSTEM BY  WHICH  IT  CAN  BE  VIEWED  IN
VIOLATION OF THE PRIVACY RIGHTS AND EXPECTATIONS OF A PATIENT.
  4. NOTHING IN THIS SECTION SHALL DIMINISH OR IMPAIR ANY RIGHT OR REME-
DY OTHERWISE APPLICABLE TO ANY PATIENT.
  S  2.  Section 50-c of the civil rights law, as amended by chapter 643
of the laws of 1999, is amended to read as follows:
  S 50-c. Private right of action.  1. If the identity of the victim  of
an offense defined in subdivision one of section fifty-b of this article
is  disclosed  in  violation of such section, any person injured by such
disclosure may bring an action to recover damages suffered by reason  of
such  wrongful disclosure. In any action brought under this section, the
court may award reasonable [attorney's] ATTORNEYS' fees to a  prevailing
plaintiff.
  2.  IF THE PRIVACY OF AN INDIVIDUAL AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED SIX-C OF THE PUBLIC HEALTH  LAW  REGARDING  THE  RIGHT  TO  HAVE
PRIVACY  IN  TREATMENT  AND  IN CARING FOR PERSONAL NEEDS, INCLUDING THE
BROADCASTING OF THE RECOGNIZABLE IMAGE OR SPEECH OF A  PATIENT  INVOLVED
IN  A  HEALTH  CARE PROCEDURE IN SUCH A FACILITY HAS BEEN VIOLATED, SUCH
INDIVIDUAL OR HIS OR HER ESTATE REPRESENTATIVE MAY BRING  AN  ACTION  TO
RECOVER  DAMAGES  SUFFERED  BY  REASON  OF SUCH VIOLATION. IN ANY ACTION
BROUGHT UNDER THIS SECTION, THE COURT MAY  AWARD  REASONABLE  ATTORNEYS'
FEES TO A PREVAILING PLAINTIFF. THE CAUSE OF ACTION CREATED HEREIN SHALL
SURVIVE THE DEATH OF SUCH INDIVIDUAL.
  S 3. This act shall take effect immediately.

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