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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6325--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 5, 2019
                                       ___________
        Introduced  by M. of A. SOLAGES, FRONTUS, WRIGHT, SIMON -- read once and
          referred to the Committee on  Health  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        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 patient without first obtain-
     6  ing the patient's informed consent to the pelvic examination, unless the
     7  performance  of a pelvic examination is within the scope of the surgical
     8  procedure or diagnostic examination to be performed on the  patient  for
     9  which  informed consent has otherwise been obtained or in the case of an
    10  unconscious patient, the pelvic examination is required  for  diagnostic
    11  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.
                                                                   LBD00866-05-9