S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8894
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 30, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, the penal  law,  the  mental  hygiene
   law,  and  the  public  health  law, in relation to prohibiting health
   professionals from engaging in electroconvulsive therapy; creates  the
   crime of performance of electroconvulsive therapy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6509-f
 to read as follows:
   § 6509-F. ADDITIONAL DEFINITION OF PROFESSIONAL  MISCONDUCT;  ELECTRO-
 CONVULSIVE THERAPY. 1. FOR THE PURPOSES OF THIS SECTION:
   A.  "HEALTH  PROFESSIONAL" MEANS A PERSON SUBJECT TO THE PROVISIONS OF
 ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR  ONE  HUNDRED
 SIXTY-THREE  OF  THIS  TITLE; OR ANY OTHER PERSON DESIGNATED AS A HEALTH
 PROFESSIONAL PURSUANT TO LAW, RULE OR REGULATION.
   B. "ELECTROCONVULSIVE THERAPY" MEANS A PROCEDURE DONE IN  WHICH  ELEC-
 TRICAL  CURRENTS  ARE  PASSED THROUGH THE BRAIN TO INTENTIONALLY CAUSE A
 BRIEF SEIZURE.
   2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A  HEALTH  PROFESSIONAL  TO
 ENGAGE  IN  ELECTROCONVULSIVE THERAPY, AND ANY HEALTH PROFESSIONAL FOUND
 GUILTY OF SUCH MISCONDUCT UNDER  THE  PROCEDURE  PRESCRIBED  IN  SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS SUBARTICLE SHALL BE SUBJECT TO THE PENAL-
 TIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBARTICLE.
   §  2.  The  education law is amended by adding a new section 6531-b to
 read as follows:
   § 6531-B. ADDITIONAL DEFINITION OF PROFESSIONAL  MISCONDUCT;  ELECTRO-
 CONVULSIVE THERAPY. 1. FOR THE PURPOSES OF THIS SECTION:
   A.  "HEALTH  PROFESSIONAL" MEANS A PERSON SUBJECT TO THE PROVISIONS OF
 ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08245-03-9
              

 A. 8894                             2
 
   B. "ELECTROCONVULSIVE THERAPY" MEANS A PROCEDURE DONE IN  WHICH  ELEC-
 TRICAL  CURRENTS  ARE  PASSED THROUGH THE BRAIN TO INTENTIONALLY CAUSE A
 BRIEF SEIZURE.
   2.  IT  SHALL  BE PROFESSIONAL MISCONDUCT FOR A HEALTH PROFESSIONAL TO
 ENGAGE IN ELECTROCONVULSIVE THERAPY, AND ANY HEALTH  PROFESSIONAL  FOUND
 GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE TWO-A
 OF  ARTICLE  TWO OF THE PUBLIC HEALTH LAW SHALL BE SUBJECT TO THE PENAL-
 TIES PRESCRIBED IN SECTION TWO HUNDRED THIRTY-A  OF  THE  PUBLIC  HEALTH
 LAW, AS ADDED BY CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN HUNDRED
 NINETY-ONE.
   §  3.  The penal law is amended by adding a new section 120.80 to read
 as follows:
 § 120.80 PERFORMANCE OF ELECTROCONVULSIVE THERAPY.
   A PERSON IS GUILTY OF PERFORMANCE OF ELECTROCONVULSIVE THERAPY WHEN:
   1. A PERSON PERFORMS, ATTEMPTS TO  PERFORM,  OR  PARTICIPATES  IN  THE
 PERFORMANCE OF ELECTROCONVULSIVE THERAPY ON ANOTHER PERSON; OR
   2.  WITH  THE INTENT TO PERFORM, ATTEMPT TO PERFORM, OR PARTICIPATE IN
 THE PERFORMANCE OF ELECTROCONVULSIVE THERAPY, POSSESSES  AN  ELECTROCON-
 VULSIVE THERAPY DEVICE.
   PERFORMANCE OF ELECTROCONVULSIVE THERAPY IS A CLASS D FELONY.
   §  4. Section 60.27 of the penal law is amended by adding a new subdi-
 vision 15 to read as follows:
   15. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
 RY, WHEN A PERSON IS CONVICTED OF PERFORMANCE OF ELECTROCONVULSIVE THER-
 APY AS DEFINED IN SECTION 120.80 OF THIS CHAPTER, THE COURT, IN ADDITION
 TO ANY OTHER SENTENCE, SHALL ORDER THE PAYMENT  OF  RESTITUTION  TO  THE
 PERSON THE ELECTROCONVULSIVE THERAPY WAS PERFORMED ON.
   §  5.  Subdivision  (a) of section 80.03 of the mental hygiene law, as
 amended by chapter 619 of the laws  of  1990,  is  amended  to  read  as
 follows:
   (a) "Major  medical treatment" means a medical, surgical or diagnostic
 intervention or procedures where a general anesthetic is used  or  which
 involves  any  significant  risk  or  any significant invasion of bodily
 integrity requiring an incision or producing substantial  pain,  discom-
 fort,  debilitation  or  having a significant recovery period. Such term
 does not include: any routine diagnosis or treatment such as the  admin-
 istration  of  medications  other  than chemotherapy for non-psychiatric
 conditions or nutrition or the extraction of bodily fluids for analysis;
 [electroconvulsive therapy;] dental care performed with  a  local  anes-
 thetic; any procedures which are provided under emergency circumstances,
 pursuant  to  section twenty-five hundred four of the public health law;
 the withdrawal or discontinuance of medical treatment which is  sustain-
 ing life functions; or sterilization or the termination of a pregnancy.
   §  6.  Subdivision  (i) of section 81.03 of the mental hygiene law, as
 added by chapter 698 of the laws of 1992, is amended to read as follows:
   (i) "major medical or dental treatment" means a medical,  surgical  or
 diagnostic  intervention or procedure where a general anesthetic is used
 or which involves any significant risk or any  significant  invasion  of
 bodily  integrity  requiring  an incision or producing substantial pain,
 discomfort, debilitation, or having a significant  recovery  period,  or
 which  involves  the administration of psychotropic medication [or elec-
 troconvulsive therapy]; it does not include  any  routine  diagnosis  or
 treatment  such as the administration of medications other than chemoth-
 erapy for non-psychiatric conditions or nutrition or the  extraction  of
 bodily fluids for analysis; dental care performed with a local anesthet-
 ic; and any procedures which are provided under emergency circumstances,

 A. 8894                             3
 
 pursuant  to section two thousand five hundred four of the public health
 law.
   §  7.  Subdivision  2  of  section  2504  of the public health law, as
 amended by chapter 119 of the laws  of  2005,  is  amended  to  read  as
 follows:
   2.  Any  person who has been married or who has borne a child may give
 effective consent for medical, dental, health and hospital services  for
 his  or  her child. Any person who has been designated pursuant to title
 fifteen-A of article five of the general obligations law as a person  in
 parental  relation to a child may consent to any medical, dental, health
 and hospital services for such child  for  which  consent  is  otherwise
 required which are not: (a) major medical treatment as defined in subdi-
 vision  (a) of section 80.03 of the mental hygiene law; OR (b) [electro-
 convulsive therapy; or (c)] the withdrawal or discontinuance of  medical
 treatment which is sustaining life functions.
   §  8.  This  act  shall  take  effect  immediately; provided, however,
 sections three and four of this act shall take effect on  the  first  of
 November next succeeding the date on which it shall have become a law.