Assembly Bill A571

2009-2010 Legislative Session

Makes the visual observation of a patient by unnecessary personnel without consent an unlawful discriminatory practice

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A571 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A61
2013-2014: A3996
2015-2016: A2095
2017-2018: A1062
2019-2020: A537
2021-2022: A554

2009-A571 (ACTIVE) - Summary

Provides that it shall be an unlawful discriminatory practice for any physician, hospital or other health care provider to subject a patient with a disability to visual observation during the course of any physical examination by any person not necessary to the diagnosis or treatment of such patient or to any exhibition for medical education purposes without the patient (if competent) or the parent, guardian, committee or conservator being informed of the name, purpose or function of those in attendance and the right to refuse that examination and/or observation by the unnecessary personnel.

2009-A571 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   571

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. CAHILL, WEISENBERG, ALFANO, BARRA -- Multi-Spon-
  sored by -- M. of A.  McENENY -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the executive law, in relation to requiring consent  for
  visual observation of patients with disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 296 of the executive law is amended  by  adding  a
new subdivision 19-a to read as follows:
  19-A.  IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PHYSI-
CIAN, HOSPITAL, OR OTHER HEALTH CARE PROVIDER TO SUBJECT A PATIENT  WITH
A  DISABILITY  TO  VISUAL  OBSERVATION DURING THE COURSE OF ANY PHYSICAL
EXAMINATION BY ANY PERSON NOT NECESSARY TO THE DIAGNOSIS OR TREATMENT OF
SUCH PATIENT OR ANY EXHIBITION FOR MEDICAL  EDUCATION  PURPOSES,  UNLESS
THE PATIENT, IF COMPETENT, OR THE PARENT OR GUARDIAN OF AN INFANT, GUAR-
DIAN OF A MENTALLY RETARDED  OR DEVELOPMENTALLY DISABLED PERSON, COMMIT-
TEE  FOR  AN  INCOMPETENT  OR  A  CONSERVATOR FOR A CONSERVATEE HAS BEEN
INFORMED BY THE PHYSICIAN, HOSPITAL OR HEALTH CARE PROVIDER OF THE NAME,
POSITION OR FUNCTION OF ANY  PERSONNEL,  INCLUDING  STUDENTS,  THAT  ARE
AUTHORIZED  TO  VISUALLY  OBSERVE  ANY PHYSICAL EXAMINATION AND THAT THE
PATIENT, IF COMPETENT, OR THE PARENT OR GUARDIAN OF AN INFANT,  GUARDIAN
OF A MENTALLY RETARDED OR DEVELOPMENTALLY DISABLED PERSON, COMMITTEE FOR
AN INCOMPETENT, OR CONSERVATOR OF A CONSERVATEE CAN REFUSE THAT EXAMINA-
TION AND/OR OBSERVATION BY THE PERSONNEL.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00641-01-9

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