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