Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 28, 2014 |
amended on third reading 2675a |
Apr 24, 2014 |
advanced to third reading cal.555 |
Apr 07, 2014 |
reported |
Feb 26, 2014 |
reported referred to codes |
Jan 08, 2014 |
referred to health |
Jun 11, 2013 |
ordered to third reading rules cal.182 rules report cal.182 reported |
Jun 04, 2013 |
reported referred to rules |
Apr 23, 2013 |
reported referred to codes |
Jan 17, 2013 |
referred to health |
Assembly Bill A2675A
2013-2014 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
Bill Amendments
co-Sponsors
Sandy Galef
David Gantt
William Magnarelli
Amy Paulin
multi-Sponsors
James F. Brennan
William Colton
Jeffrey Dinowitz
Earlene Hooper
2013-A2675 - Details
2013-A2675 - Summary
Requires health care providers (i.e., an entity licensed/certified under certain articles of the public health law or the mental hygiene law, a health care practitioner licensed/registered/certified under title eight of the education law, or a provider of pharmaceutical products/services or durable medical equipment) to disclose errors in diagnosis, treatment or other services that the provider knows has caused substantial harm or significant risk of substantial harm; provides there shall be a rebuttable presumption that the provider knew of the error and the harm or risk of harm if, under the circumstances, the provider reasonably should have had knowledge thereof; provides such disclosure shall be made within a reasonable period of time and be reasonably understandable.
2013-A2675 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2675 2013-2014 Regular Sessions I N A S S E M B L Y January 17, 2013 ___________ Introduced by M. of A. GOTTFRIED, GALEF, GANTT, MAGNARELLI, PAULIN, PERRY, RIVERA, BOYLAND -- Multi-Sponsored by -- M. of A. BRENNAN, COLTON, DINOWITZ, HOOPER, JACOBS, ORTIZ, WRIGHT -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to requiring health care providers to inform patients or their representatives of certain errors in diagnosis, treatment or other services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds that the Ameri- can Medical Association (AMA) has expressed its support for physicians providing full disclosure to their patients regarding their medical treatments and conditions. The AMA's council on ethical and judicial affairs has stated: "It is a fundamental ethical requirement that a physician should at all times deal honestly and openly with patients. Patients have a right to know their past and present medical status and to be free of any mistaken beliefs concerning their conditions. Situ- ations occasionally occur in which a patient suffers significant medical complications that may have resulted from the physician's mistake or judgment. In these situations, the physician is ethically required to inform the patient of all the facts necessary to ensure understanding of what has occurred. Only through full disclosure is a patient able to make informed decisions regarding future medical care." The AMA adds: "Concern regarding legal liability which might result following truthful disclosure should not affect the physician's honesty with a patient." (code of medical ethics: current opinions of the council on ethical and judicial affairs, AMA Policy Finder, E-8.12, updated June, 1994.) The legislature further finds that this ethical mandate ought to have the support of law, and ought to apply not only to physicians, but to all health care providers. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01435-01-3
co-Sponsors
Sandy Galef
David Gantt
William Magnarelli
Amy Paulin
multi-Sponsors
James F. Brennan
William Colton
Jeffrey Dinowitz
Earlene Hooper
2013-A2675A (ACTIVE) - Details
2013-A2675A (ACTIVE) - Summary
Requires health care providers (i.e., an entity licensed/certified under certain articles of the public health law or the mental hygiene law, a health care practitioner licensed/registered/certified under title eight of the education law, or a provider of pharmaceutical products/services or durable medical equipment) to disclose errors in diagnosis, treatment or other services that the provider knows has caused substantial harm or significant risk of substantial harm; provides there shall be a rebuttable presumption that the provider knew of the error and the harm or risk of harm if, under the circumstances, the provider reasonably should have had knowledge thereof; provides such disclosure shall be made within a reasonable period of time and be reasonably understandable.
2013-A2675A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2675--A Cal. No. 555 2013-2014 Regular Sessions I N A S S E M B L Y January 17, 2013 ___________ Introduced by M. of A. GOTTFRIED, GALEF, GANTT, MAGNARELLI, PAULIN, PERRY, RIVERA -- Multi-Sponsored by -- M. of A. BRENNAN, COLTON, DINOWITZ, HOOPER, JACOBS, ORTIZ, WEINSTEIN, WRIGHT -- read once and referred to the Committee on Health -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law, in relation to requiring health care providers to inform patients or their representatives of certain errors in diagnosis, treatment or other services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds that the Ameri- can Medical Association (AMA) has expressed its support for physicians providing full disclosure to their patients regarding their medical treatments and conditions. The AMA's council on ethical and judicial affairs has stated: "It is a fundamental ethical requirement that a physician should at all times deal honestly and openly with patients. Patients have a right to know their past and present medical status and to be free of any mistaken beliefs concerning their conditions. Situ- ations occasionally occur in which a patient suffers significant medical complications that may have resulted from the physician's mistake or judgment. In these situations, the physician is ethically required to inform the patient of all the facts necessary to ensure understanding of what has occurred. Only through full disclosure is a patient able to make informed decisions regarding future medical care." The AMA adds: "Concern regarding legal liability which might result following truthful disclosure should not affect the physician's honesty with a patient." (code of medical ethics: current opinions of the council on ethical and judicial affairs, AMA Policy Finder, E-8.12, updated June, 1994.) The EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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