Bill Text: NY A05297 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2024-05-14 - reported referred to rules [A05297 Detail]

Download: New_York-2023-A05297-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5297--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by  M.  of  A.  PAULIN,  L. ROSENTHAL, RAGA, GONZALEZ-ROJAS,
          SIMONE, McMAHON, SEAWRIGHT, ARDILA, LUNSFORD, LAVINE, SIMON,  SHIMSKY,
          LEVENBERG,  FAHY, BURDICK, EPSTEIN, TAPIA -- read once and referred to
          the Committee on Health -- reported and referred to the  Committee  on
          Codes  --  recommitted  to  the  Committee on Codes 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 prohibited  hospi-
          tal interference with patient care

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2831 to read as follows:
     3    §  2831.  Interference with care; prohibited. 1. Except as provided in
     4  subdivision two of this section, if a health care practitioner  licensed
     5  pursuant  to  title  eight of the education law is acting in good faith,
     6  within the practitioner's scope of practice,  and  within  the  relevant
     7  standard of care, a hospital shall not:
     8    (a)  Limit the health care practitioner's provision of medically accu-
     9  rate and comprehensive information and resources to a patient  regarding
    10  the  patient's  health  status including, but not limited to, diagnosis,
    11  prognosis, recommended treatment,  treatment  alternatives,  information
    12  about  available  services  and  where  and  how to obtain them, and any
    13  potential risks to the patient's health or life; or
    14    (b) Prohibit the health care practitioner from providing  health  care
    15  services related to complications of pregnancy, including but not limit-
    16  ed  to  health  services related to miscarriage management and treatment
    17  for ectopic pregnancies, in  cases  in  which  failure  to  provide  the
    18  service  would violate the accepted standard of care or when the patient
    19  presents a medical condition manifesting itself  by  acute  symptoms  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08299-05-4
        A. 5297--A                          2

     1  sufficient  severity  such  that  the absence of medical attention could
     2  reasonably be expected to pose a risk:
     3    i. to the patient's life; or
     4    ii. of irreversible complications or impairment to the patient's bodi-
     5  ly functions or any bodily organ or part.
     6    2. Nothing in this section prohibits a hospital from limiting a health
     7  care provider's practice to protect patients' physical safety.
     8    3.  A  health care entity shall not discharge, demote, suspend, disci-
     9  pline, discriminate or otherwise retaliate against a health care practi-
    10  tioner for engaging in communications or providing  services  consistent
    11  with this section.
    12    4.  The  department  shall  design, prepare, and make available online
    13  written materials to clearly inform health care practitioners and  staff
    14  of the provisions of this section.
    15    §  2.  If any clause, sentence, paragraph, section or part of this act
    16  be adjudged by any court of competent jurisdiction to be  invalid,  such
    17  judgment shall not affect, impair or invalidate the remainder hereof but
    18  shall  be  applied  in its operation to the clause, sentence, paragraph,
    19  section or part hereof directly involved in  the  controversy  in  which
    20  such judgment shall have been rendered.
    21    § 3. This act shall take effect immediately.