Senate Bill S1384

2013-2014 Legislative Session

Makes the visual observation of a patient by unnecessary personnel without consent an unlawful discriminatory practice

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Archive: Last Bill Status - Stricken

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

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2013-S1384 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L

2013-S1384 (ACTIVE) - Summary

Provides that it shall be an unlawful discriminatory practice for any physician, hospital or other health care provider to subject a patient with a disability to visual observation during the course of any physical examination by any person not necessary to the diagnosis or treatment of such patient or to any exhibition for medical education purposes without the patient (if competent) or the parent, guardian, committee or conservator being informed of the name, purpose or function of those in attendance and the right to refuse that examination and/or observation by the unnecessary personnel.

2013-S1384 (ACTIVE) - Bill Text download pdf 

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

                                  1384

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT to amend the executive law, in relation to requiring consent for
  visual observation of patients with disabilities

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

  Section  1.    Section 296 of the executive law is amended by adding a
new subdivision 19-a to read as follows:
  19-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  ANY  PHYSI-
CIAN,  HOSPITAL, OR OTHER HEALTH CARE PROVIDER TO SUBJECT A PATIENT WITH
A DISABILITY TO VISUAL OBSERVATION DURING THE  COURSE  OF  ANY  PHYSICAL
EXAMINATION BY ANY PERSON NOT NECESSARY TO THE DIAGNOSIS OR TREATMENT OF
SUCH  PATIENT  OR  ANY EXHIBITION FOR MEDICAL EDUCATION PURPOSES, UNLESS
THE PATIENT, IF COMPETENT, OR THE PARENT OR GUARDIAN OF AN INFANT, GUAR-
DIAN OF A MENTALLY RETARDED  OR DEVELOPMENTALLY DISABLED PERSON, COMMIT-
TEE FOR AN INCOMPETENT OR A  CONSERVATOR  FOR  A  CONSERVATEE  HAS  BEEN
INFORMED BY THE PHYSICIAN, HOSPITAL OR HEALTH CARE PROVIDER OF THE NAME,
POSITION  OR  FUNCTION  OF  ANY  PERSONNEL, INCLUDING STUDENTS, THAT ARE
AUTHORIZED TO VISUALLY OBSERVE ANY PHYSICAL  EXAMINATION  AND  THAT  THE
PATIENT,  IF COMPETENT, OR THE PARENT OR GUARDIAN OF AN INFANT, GUARDIAN
OF A MENTALLY RETARDED OR DEVELOPMENTALLY DISABLED PERSON, COMMITTEE FOR
AN INCOMPETENT, OR CONSERVATOR OF A CONSERVATEE CAN REFUSE THAT EXAMINA-
TION AND/OR OBSERVATION BY THE PERSONNEL.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03609-01-3

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