Assembly Bill A5036

2019-2020 Legislative Session

Establishes a pregnant persons' bill of rights

download bill text pdf

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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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2019-A5036 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §266-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A451
2023-2024: A668

2019-A5036 (ACTIVE) - Summary

Establishes a pregnant persons' bill of rights; requires posting and disclosing such bill of rights; establishes a penalty for failure to post or disclose such bill of rights.

2019-A5036 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5036
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, PAULIN, FERNANDEZ, MOSLEY, BARRON,
   SEAWRIGHT -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   pregnant persons' bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 266-a to read as follows:
   §  266-A.  PREGNANT PERSONS' BILL OF RIGHTS. 1. ANY HEALTHCARE PROFES-
 SIONAL WHO COULD REASONABLY FORESEE HAVING PREGNANT PERSONS AS  PATIENTS
 SHALL CONSPICUOUSLY POST A PREGNANT PERSONS' BILL OF RIGHTS TO BE ISSUED
 BY THE DEPARTMENT. THE BILL OF RIGHTS SHALL BE WRITTEN IN PLAIN ENGLISH,
 AND SHALL BE MADE AVAILABLE IN OTHER LANGUAGES, INCLUDING BUT NOT LIMIT-
 ED  TO  SPANISH, FRENCH, CHINESE AND RUSSIAN. THE PREGNANT PERSONS' BILL
 OF RIGHTS SHALL INCLUDE, BUT NOT LIMITED TO THE:
   (A) RIGHT OF DECISIONALLY CAPABLE PREGNANT PERSONS  TO  REFUSE  TREAT-
 MENT, EVEN IF THE REFUSAL COULD RESULT IN THE LOSS OF LIFE;
   (B) REQUIREMENT OF DOCTORS TO RECEIVE INFORMED CONSENT FROM A PREGNANT
 PERSON BEFORE PERFORMING ANY MEDICAL PROCEDURE;
   (C) REQUIREMENT THAT COERCION MAY NOT BE USED TO RECEIVE THAT CONSENT,
 NOR MAY APPEALS TO CONSCIENCE OR MORALITY;
   (D) REQUIREMENT THAT CARE SHOULD BE PROVIDED IN A CULTURALLY SENSITIVE
 ENVIRONMENT;
   (E)  REQUIREMENT  THAT COUNSELING AND THERAPY SHOULD BE MADE AVAILABLE
 TO ANYONE WHO EXPERIENCES AN ADVERSE OUTCOME AS  A  RESULT  OF  REFUSING
 TREATMENT,  BUT  SUCH  COUNSELING AND THERAPY SHOULD NOT BE REQUIRED AND
 PREGNANT PERSONS HAVE THE RIGHT TO REFUSE THE THERAPY;
   (F) REQUIREMENT THAT PREGNANT PERSONS HAVE THE RIGHT TO  CHOOSE  WHICH
 MEDICAL  PROCEDURES SHE AGREES TO, WITHOUT PRESSURE THROUGHOUT PREGNANCY
 AND DELIVERY;
   (G) RIGHT TO REQUEST ROOM, DOCTOR OR NURSE CHANGE AT ANY POINT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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