Assembly Bill A6325A

Signed By Governor
2019-2020 Legislative Session

Relates to the performance of a pelvic examination on an anesthetized or unconscious person

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Sponsored By

Archive: Last Bill Status Via S1092 - Signed by Governor

  • 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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Votes

Bill Amendments

co-Sponsors

2019-A6325 - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-A6325 - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

2019-A6325 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6325
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Health
 
 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:
 
   Section 1.  Section 6530 of the education law is amended by  adding  a
 new subdivision 50 to read as follows:
   50.  PERFORMING  A PELVIC EXAMINATION OR SUPERVISING A PELVIC EXAMINA-
 TION PERFORMED BY AN INDIVIDUAL PRACTICING UNDER THE SUPERVISION OF  THE
 LICENSEE  ON AN ANESTHETIZED OR UNCONSCIOUS FEMALE PATIENT WITHOUT FIRST
 OBTAINING THE PATIENT'S INFORMED  CONSENT  TO  THE  PELVIC  EXAMINATION,
 UNLESS  THE  PERFORMANCE  OF A PELVIC EXAMINATION IS WITHIN THE SCOPE OF
 THE SURGICAL PROCEDURE OR DIAGNOSTIC EXAMINATION TO BE PERFORMED ON  THE
 PATIENT FOR WHICH INFORMED CONSENT HAS OTHERWISE BEEN OBTAINED OR IN THE
 CASE  OF  AN UNCONSCIOUS PATIENT, THE PELVIC EXAMINATION IS REQUIRED FOR
 DIAGNOSTIC PURPOSES AND IS MEDICALLY NECESSARY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00866-03-9

co-Sponsors

multi-Sponsors

2019-A6325A - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-A6325A - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

2019-A6325A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6325--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced  by M. of A. SOLAGES, FRONTUS, WRIGHT, SIMON -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section 1. Section 6530 of the education law is amended  by  adding  a
 new subdivision 50 to read as follows:
   50.  PERFORMING  A PELVIC EXAMINATION OR SUPERVISING A PELVIC EXAMINA-
 TION PERFORMED BY AN INDIVIDUAL PRACTICING UNDER THE SUPERVISION OF  THE
 LICENSEE ON AN ANESTHETIZED OR UNCONSCIOUS PATIENT WITHOUT FIRST OBTAIN-
 ING THE PATIENT'S INFORMED CONSENT TO THE PELVIC EXAMINATION, UNLESS THE
 PERFORMANCE  OF A PELVIC EXAMINATION IS WITHIN THE SCOPE OF THE SURGICAL
 PROCEDURE OR DIAGNOSTIC EXAMINATION TO BE PERFORMED ON THE  PATIENT  FOR
 WHICH  INFORMED CONSENT HAS OTHERWISE BEEN OBTAINED OR IN THE CASE OF AN
 UNCONSCIOUS PATIENT, THE PELVIC EXAMINATION IS REQUIRED  FOR  DIAGNOSTIC
 PURPOSES AND IS MEDICALLY NECESSARY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00866-05-9

co-Sponsors

multi-Sponsors

2019-A6325B - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-A6325B - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

2019-A6325B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6325--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SOLAGES,  FRONTUS,  WRIGHT, SIMON, JACOBSON,
   TAYLOR, GRIFFIN, BARRON, SIMOTAS, ASHBY, WALLACE, O'DONNELL,  EPSTEIN,
   LIFTON  --  Multi-Sponsored  by  --  M. of A. CARROLL -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law and the education law, in relation
   to  prohibiting the performance of a pelvic examination on an anesthe-
   tized or unconscious person
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2504 of the public health law is amended by adding
 a new subdivision 7 to read as follows:
   7. NO PERSON SHALL PERFORM  A  PELVIC  EXAMINATION  OR  SUPERVISE  THE
 PERFORMANCE  OF  A  PELVIC EXAMINATION ON AN ANESTHETIZED OR UNCONSCIOUS
 PATIENT UNLESS THE PERSON PERFORMING THE PELVIC EXAMINATION  IS  LEGALLY
 AUTHORIZED  TO  DO  SO AND THE PERSON SUPERVISING THE PERFORMANCE OF THE
 PELVIC EXAMINATION IS LEGALLY AUTHORIZED TO DO SO AND:
   (A) THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE GIVES PRIOR
 ORAL OR WRITTEN INFORMED CONSENT SPECIFIC TO THE PELVIC EXAMINATION;
   (B) THE PERFORMANCE OF A PELVIC EXAMINATION IS  WITHIN  THE  SCOPE  OF
 CARE  FOR  THE SURGICAL PROCEDURE OR DIAGNOSTIC EXAMINATION SCHEDULED TO
 BE PERFORMED ON THE PATIENT AND TO WHICH THE PATIENT HAS  ALREADY  GIVEN
 ORAL OR WRITTEN CONSENT; OR
   (C) THE PATIENT IS UNCONSCIOUS AND THE PELVIC EXAMINATION IS MEDICALLY
 NECESSARY  FOR  DIAGNOSTIC  OR TREATMENT PURPOSES, AND THE PATIENT IS IN
 IMMEDIATE NEED OF MEDICAL ATTENTION AND AN  ATTEMPT  TO  SECURE  CONSENT
 WOULD  RESULT  IN  A DELAY OF TREATMENT WHICH WOULD INCREASE THE RISK OF
 THE PATIENT'S LIFE OR HEALTH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00866-12-9

co-Sponsors

multi-Sponsors

2019-A6325C (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-A6325C (ACTIVE) - Summary

Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.

2019-A6325C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6325--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SOLAGES,  FRONTUS,  WRIGHT, SIMON, JACOBSON,
   TAYLOR, GRIFFIN, BARRON, SIMOTAS, ASHBY, WALLACE, O'DONNELL,  EPSTEIN,
   LIFTON  --  Multi-Sponsored  by  --  M. of A. CARROLL -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law and the education law, in relation
   to  prohibiting the performance of a pelvic examination on an anesthe-
   tized or unconscious person
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2504 of the public health law is amended by adding
 a new subdivision 7 to read as follows:
   7. NO PERSON SHALL PERFORM  A  PELVIC  EXAMINATION  OR  SUPERVISE  THE
 PERFORMANCE  OF  A  PELVIC EXAMINATION ON AN ANESTHETIZED OR UNCONSCIOUS
 PATIENT UNLESS THE PERSON PERFORMING THE PELVIC EXAMINATION  IS  LEGALLY
 AUTHORIZED  TO  DO  SO AND THE PERSON SUPERVISING THE PERFORMANCE OF THE
 PELVIC EXAMINATION IS LEGALLY AUTHORIZED TO DO SO AND:
   (A) THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE GIVES PRIOR
 ORAL OR WRITTEN INFORMED CONSENT SPECIFIC TO THE PELVIC EXAMINATION;
   (B) THE PERFORMANCE OF A PELVIC EXAMINATION IS  WITHIN  THE  SCOPE  OF
 CARE  FOR  THE SURGICAL PROCEDURE OR DIAGNOSTIC EXAMINATION SCHEDULED TO
 BE PERFORMED ON THE PATIENT AND TO WHICH THE PATIENT HAS  ALREADY  GIVEN
 ORAL OR WRITTEN CONSENT; OR
   (C) THE PATIENT IS UNCONSCIOUS AND THE PELVIC EXAMINATION IS MEDICALLY
 NECESSARY  FOR  DIAGNOSTIC  OR TREATMENT PURPOSES, AND THE PATIENT IS IN
 IMMEDIATE NEED OF MEDICAL ATTENTION AND AN  ATTEMPT  TO  SECURE  CONSENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00866-15-9

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