Bill Text: NY A06325 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Passed) 2019-10-07 - SIGNED CHAP.360 [A06325 Detail]
Download: New_York-2019-A06325-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6325--C 2019-2020 Regular Sessions IN ASSEMBLY March 5, 2019 ___________ Introduced by M. of A. SOLAGES, FRONTUS, WRIGHT, SIMON, JACOBSON, TAYLOR, GRIFFIN, BARRON, SIMOTAS, ASHBY, WALLACE, O'DONNELL, EPSTEIN, LIFTON -- Multi-Sponsored by -- M. of A. CARROLL -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the education law, in relation to prohibiting the performance of a pelvic examination on an anesthe- tized or unconscious person The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2504 of the public health law is amended by adding 2 a new subdivision 7 to read as follows: 3 7. No person shall perform a pelvic examination or supervise the 4 performance of a pelvic examination on an anesthetized or unconscious 5 patient unless the person performing the pelvic examination is legally 6 authorized to do so and the person supervising the performance of the 7 pelvic examination is legally authorized to do so and: 8 (a) the patient or the patient's authorized representative gives prior 9 oral or written informed consent specific to the pelvic examination; 10 (b) the performance of a pelvic examination is within the scope of 11 care for the surgical procedure or diagnostic examination scheduled to 12 be performed on the patient and to which the patient has already given 13 oral or written consent; or 14 (c) the patient is unconscious and the pelvic examination is medically 15 necessary for diagnostic or treatment purposes, and the patient is in 16 immediate need of medical attention and an attempt to secure consent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00866-15-9A. 6325--C 2 1 would result in a delay of treatment which would increase the risk to 2 the patient's life or health. 3 Nothing in this subdivision diminishes any other requirement to obtain 4 informed consent for a pelvic examination or any other procedure. 5 § 2. The public health law is amended by adding a new section 230-e to 6 read as follows: 7 § 230-e. Unauthorized pelvic examinations. For the purposes of this 8 title, professional misconduct shall include pelvic examinations or 9 supervising the performance of a pelvic examination in violation of 10 subdivision seven of section twenty-five hundred four of this chapter. 11 § 3. Section 6530 of the education law is amended by adding a new 12 subdivision 50 to read as follows: 13 50. Performing a pelvic examination or supervising the performance of 14 a pelvic examination in violation of subdivision seven of section twen- 15 ty-five hundred four of the public health law. 16 § 4. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law.