Bill Text: NY A06325 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Introduced) 2019-06-18 - substituted by s1092e [A06325 Detail]

Download: New_York-2019-A06325-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 5, 2019
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Health
        AN ACT to amend the education law, in relation to including in the defi-
          nition of professional  misconduct  performing  a  pelvic  examination
          without consent on an anesthetized 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 6530 of the education law is amended by  adding  a
     2  new subdivision 50 to read as follows:
     3    50.  Performing  a pelvic examination or supervising a pelvic examina-
     4  tion performed by an individual practicing under the supervision of  the
     5  licensee  on an anesthetized or unconscious female patient without first
     6  obtaining the patient's informed  consent  to  the  pelvic  examination,
     7  unless  the  performance  of a pelvic examination is within the scope of
     8  the surgical procedure or diagnostic examination to be performed on  the
     9  patient for which informed consent has otherwise been obtained or in the
    10  case  of  an unconscious patient, the pelvic examination is required for
    11  diagnostic purposes and is medically necessary.
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.