Bill Text: NY S01092 | 2019-2020 | General Assembly | Amended


Bill Title: Includes in the definition of professional misconduct performing a pelvic examination without consent on an anesthetized or unconscious person.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2019-02-06 - PRINT NUMBER 1092A [S01092 Detail]

Download: New_York-2019-S01092-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1092--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 10, 2019
                                       ___________
        Introduced  by  Sen. PERSAUD -- 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 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.
                                                                   LBD00866-02-9
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