Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 21, 2020 |
referred to health delivered to assembly passed senate |
Jan 21, 2020 |
advanced to third reading |
Jan 15, 2020 |
2nd report cal. |
Jan 14, 2020 |
1st report cal.170 |
Jan 08, 2020 |
referred to health |
Jan 03, 2020 |
print number 1029a |
Jan 03, 2020 |
amend (t) and recommit to health |
Jan 10, 2019 |
referred to health |
Senate Bill S1029A
2019-2020 Legislative Session
Sponsored By
(D, WF) 33rd Senate District
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
Votes
Bill Amendments
2019-S1029 - Details
2019-S1029 - Sponsor Memo
BILL NUMBER: S1029 SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to the provision of informed consent, by patients or their representatives, to medical and surgical procedures; and to repeal certain provisions of such law relat- ing thereto PURPOSE: Establishes requirements for the informed consent to the provision of medical procedures; repealer. SUMMARY OF PROVISIONS: The public health law is amended by adding a new article 17: Informed Consent Section 1700: Definitions
2019-S1029 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1029 2019-2020 Regular Sessions I N S E N A T E January 10, 2019 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to the provision of informed consent, by patients or their representatives, to medical and surgical procedures; and to repeal certain provisions of such law relating thereto 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 article 17 to read as follows: ARTICLE 17 INFORMED CONSENT SECTION 1700. DEFINITIONS. 1701. NOTICE OF RIGHT TO INFORMED CONSENT. 1702. DUTY TO OBTAIN INFORMED CONSENT. 1703. PROCEDURES AND SURGERY REQUIRING INFORMED CONSENT. 1704. SURGERY; INFORMED CONSENT NOT REQUIRED. 1705. CAPACITY TO PROVIDE INFORMED CONSENT. 1706. SCOPE OF INFORMED CONSENT. 1707. PATIENT INVOLVEMENT IN THEIR CARE. § 1700. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "EMERGENCY" MEANS A CIRCUMSTANCE IN WHICH A PATIENT'S CONDITION IS SUCH THAT A FAILURE TO PROVIDE HOSPITALIZATION, MEDICAL TREATMENT AND/OR SURGERY TO A PATIENT WOULD RESULT IN UNDUE SUFFERING, DEATH OR SUBSTAN- TIAL IMPAIRMENT OF PHYSICAL OR MENTAL FUNCTION. 2. "INFORMED CONSENT" MEANS THE LEGALLY EFFECTIVE KNOWING CONSENT OF A PATIENT OR HIS OR HER LEGALLY AUTHORIZED REPRESENTATIVE, SO SITUATED AS TO BE ABLE TO EXERCISE FREE POWER OF CHOICE WITHOUT UNDUE INDUCEMENT OR ANY ELEMENT OF FORCE, FRAUD, DECEIT, DURESS OR OTHER FORM OF CONSTRAINT OR COERCION. WITH REGARD TO CONSENT TO A MEDICAL PROCEDURE OR SURGERY, THE ELEMENTS OF INFORMATION NECESSARY FOR CONSENT INCLUDE: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D, WF) 31st Senate District
(D) 20th Senate District
2019-S1029A (ACTIVE) - Details
2019-S1029A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1029A SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to the provision of informed consent PURPOSE: To include within the hospital patient's bill of rights additional provisions which clearly state a patient's right to receive certain information so that they can in turn consent SUMMARY OF PROVISIONS: Section 1 of the bill amends section 2803 (g) of the public health law, to update the patient's bill of rights that general hospitals are required to provide to patients, to include (1) the right to receive all information necessary to provide informed consent for a proposed proce- dure or treatment and alternate treatment options including the possible
2019-S1029A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1029--A 2019-2020 Regular Sessions I N S E N A T E January 10, 2019 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed 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 the provision of informed consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (g) of subdivision 1 of section 2803 of the public health law, as added by chapter 2 of the laws of 1988, is amended to read as follows: (g) The commissioner shall require that every general hospital adopt and make public an identical statement of the rights and responsibil- ities of patients, including, BUT NOT LIMITED TO: (I) a patient complaint and quality of care review process[,]; (II) A RIGHT TO RECEIVE ALL INFORMATION NECESSARY TO GIVE INFORMED CONSENT FOR ANY PROPOSED PROCEDURE OR TREATMENT, AND ALTERNATE TREATMENT OPTIONS INCLUDING THE POSSIBLE RISKS AND BENEFITS OF THE PROCEDURE OR TREATMENT TAKING INTO CONSIDERATION ANY KNOWN PRECONDITIONS; (III) A RIGHT TO BE INFORMED OF THE NAME, POSITION AND FUNCTIONS OF ANY HOSPITAL STAFF INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM NEW YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY- SIX OF THE EDUCATION LAW, INVOLVED IN A PATIENT'S CARE AND REFUSE THEIR TREATMENT, EXAMINATION OR OBSERVATION; (IV) A RIGHT TO BE INFORMED OF ANY HUMAN RESEARCH AND TO VOLUNTARILY PROVIDE WRITTEN INFORMED CONSENT TO PARTICIPATE; (V) a right to an appropriate patient discharge plan and for patients other than beneficiaries of title XVIII of the federal social security act (medicare); AND (VI) a right to a discharge review in accordance with section twenty- eight hundred three-i of this article. The form and content of such EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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