Bill S1384-2013

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

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.

Details

Actions

  • Jan 14, 2013: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Text

STATE OF NEW YORK ________________________________________________________________________ 1384 2013-2014 Regular Sessions IN SENATE (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.

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