Bill S2907-2011

Expands the definition of health care provider relating to sex offenses

Expands the definition of "health care provider" relating to sex offenses to include nurses, x-ray technicians and radiologic technicians.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Feb 3, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S2907

TITLE OF BILL:

An act to amend the penal law, in relation to expanding the definition of health care provider relating to sex offenses

PURPOSE:

To expand the definition of "health care provider," for the purposes of consenting to a sexual act, to include nurses and x-ray technicians.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds professionals in the fields of nursing or x-ray technology to the list of professions covered by the term "health care provider."

Section 2 establishes the effective date of the act.

EXISTING LAW:

Currently, section 130.00(12) of the Penal Law defines "health care provider" to be professionals in the fields of medicine, chiropractic, dentistry, or podiatry.

JUSTIFICATION:

Section 130.05(h) of the Penal Law states that patients or clients under the care of a health care provider are deemed incapable of consent, for the purposes of sex offenses. Nurses and x-ray technicians, however, are not included in this definition of "health care provider," which can be found in section 130.00 of the Penal Law.

Most people recognize the important role nurses and x-ray technicians pay in the delivery of health care services. As health care professionals, they play important roles in the lives of their patients. Recently. a Syracuse-area judge was forced to dismiss a charge against an x-ray technician because individuals in the field are not covered by this section of the Penal Law.

By adding nurses and x-ray technicians to the category of "health care provider." this act corrects an unfortunate omission in section 130.00(12) of the Penal Law.

LEGISLATIVE HISTORY:

S.6839/A.10508 of 2005-2006 S.2421/A.4777 of 2007-2008 S.2560 of 2009-2010

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2907 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________
Introduced by Sens. DeFRANCISCO, LARKIN, RANZENHOFER -- 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 expanding the definition of health care provider relating to sex offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 12 of section 130.00 of the penal law, as added by chapter 1 of the laws of 2000, is amended to read as follows: 12. "Health care provider" means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry [or], NURSING, podiatry OR X-RAY TECHNOLOGY OR RADIOLOGIC TECHNOLOGY under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, ONE HUNDRED THIRTY-NINE or one hundred forty-one of the education law OR ARTICLE THIRTY-FIVE OF THE PUBLIC HEALTH LAW. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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