Bill Text: NY S01172 | 2021-2022 | General Assembly | Amended

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

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Bill Title: Expands requirements for the provision of informed consent.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-11-21 - SIGNED CHAP.618 [S01172 Detail]

Download: New_York-2021-S01172-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1172--A
            Cal. No. 107

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 7, 2021
                                       ___________

        Introduced  by  Sens.  RIVERA,  JACKSON, MYRIE -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          -- reported favorably from said committee, ordered to first and second
          report,  ordered to a third reading, passed by Senate and delivered to
          the Assembly, recalled, vote reconsidered, restored to third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading

        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, who provide face-to-face care to the patient,
    16  and refuse their treatment, examination or  observation,  in  accordance
    17  with applicable law;
    18    (iv)  a  right  to  be  informed  of  any human subjects research that
    19  directs or alters a procedure or treatment to be received by the patient
    20  and to voluntarily provide  written  informed  consent  to  participate,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05310-02-1
        S. 1172--A                          2

     1  except as may otherwise be approved by a committee responsible for safe-
     2  guarding  the  rights  and  welfare  of the research participants at the
     3  hospital in accordance with applicable law;
     4    (v)  a right to an appropriate patient discharge plan and for patients
     5  other than beneficiaries of title XVIII of the federal  social  security
     6  act (medicare); and
     7    (vi)  a right to a discharge review in accordance with section twenty-
     8  eight hundred three-i of this article. The  form  and  content  of  such
     9  statement  shall  be determined in accordance with rules and regulations
    10  adopted by the council and approved by the commissioner.  A patient  who
    11  requires  continuing  health  care  services  in  accordance  with  such
    12  patient's discharge plan may not be discharged until such  services  are
    13  secured  or determined by the hospital to be reasonably available to the
    14  patient. Each general hospital shall give a copy  of  the  statement  to
    15  each patient, or the appointed personal representative of the patient at
    16  or  prior  to  the time of admission to the general hospital, as long as
    17  the patient or the appointed  personal  representative  of  the  patient
    18  receives  such  notice  no  earlier than fourteen days before admission.
    19  Such statement shall also be conspicuously posted by  the  hospital  and
    20  shall  be  a  part  of  the  patient's admission package. Nothing herein
    21  contained shall be construed  to  limit  any  authority  vested  in  the
    22  commissioner pursuant to this article related to the operation of hospi-
    23  tals and care and services provided to patients.
    24    §  2. This act shall take effect on the first of January next succeed-
    25  ing the date on which it shall have become a law.  Effective  immediate-
    26  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    27  necessary for the implementation of this act on its effective  date  are
    28  authorized to be made and completed on or before such effective date.