Bill Text: NY S01029 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the provision of informed consent.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to health [S01029 Detail]

Download: New_York-2019-S01029-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1029--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    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:

     1    Section  1.  Paragraph  (g)  of  subdivision  1 of section 2803 of the
     2  public health law, as added by chapter 2 of the laws of 1988, is amended
     3  to read as follows:
     4    (g) The commissioner shall require that every general  hospital  adopt
     5  and  make  public  an identical statement of the rights and responsibil-
     6  ities of patients, including, but not limited to:
     7    (i) a patient complaint and quality of care review process[,];
     8    (ii) a right to receive all information  necessary  to  give  informed
     9  consent for any proposed procedure or treatment, and alternate treatment
    10  options  including  the  possible risks and benefits of the procedure or
    11  treatment taking into consideration any known preconditions;
    12    (iii) a right to be informed of the name, position  and  functions  of
    13  any hospital staff including medical students and physicians exempt from
    14  New  York State licensure pursuant to section sixty-five hundred twenty-
    15  six of the education law, involved in a patient's care and refuse  their
    16  treatment, examination or observation;
    17    (iv)  a  right to be informed of any human research and to voluntarily
    18  provide written informed consent to participate;
    19    (v) a right to an appropriate patient discharge plan and for  patients
    20  other  than  beneficiaries of title XVIII of the federal social security
    21  act (medicare); and
    22    (vi) a right to a discharge review in accordance with section  twenty-
    23  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.
                                                                   LBD06444-04-9

        S. 1029--A                          2

     1  statement shall be determined in accordance with rules  and  regulations
     2  adopted  by the council and approved by the commissioner.  A patient who
     3  requires  continuing  health  care  services  in  accordance  with  such
     4  patient's  discharge  plan may not be discharged until such services are
     5  secured or determined by the hospital to be reasonably available to  the
     6  patient.  Each  general  hospital  shall give a copy of the statement to
     7  each patient, or the appointed personal representative of the patient at
     8  or prior to the time of admission to the general hospital,  as  long  as
     9  the  patient  or  the  appointed  personal representative of the patient
    10  receives such notice no earlier than  fourteen  days  before  admission.
    11  Such  statement  shall  also be conspicuously posted by the hospital and
    12  shall be a part of  the  patient's  admission  package.  Nothing  herein
    13  contained  shall  be  construed  to  limit  any  authority vested in the
    14  commissioner pursuant to this article related to the operation of hospi-
    15  tals and care and services provided to patients.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing  the  date  on  which it shall have become a law; provided, however,
    18  that effective immediately, the addition, amendment and/or repeal of any
    19  rule or regulation necessary for the implementation of this act  on  its
    20  effective  date  are authorized and directed to be made and completed on
    21  or before such effective date.
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