NY State Senate Bill 2019-S3353

Senate Bill S3353

Signed By Governor

2019-2020 Legislative Session

Relates to informed consent for procedures in the course of education or training

download bill text pdf

Archive: Last Bill Status Via A4988 - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 16, 2019	signed chap.660
Dec 10, 2019	delivered to governor
May 06, 2019	returned to assembly passed senate 3rd reading cal.456 substituted for s3353
May 06, 2019	substituted by a4988
Apr 29, 2019	advanced to third reading
Apr 10, 2019	2nd report cal.
Apr 09, 2019	1st report cal.456
Feb 06, 2019	referred to health

Votes

- May 6, 2019 - Floor Vote
  A4988
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 6, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Funke
  Apr 9, 2019 - Health Committee Vote
  S3353
  
  14
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Apr 9, 2019
      
      aye (14)
      
      Antonacci
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      excused (1)
      
      Gallivan

co-Sponsors

2019-S3353 (ACTIVE) - Details

See Assembly Version of this Bill:: A4988
Law Section:: Public Health Law
Laws Affected:: Add §18-b, Pub Health L

2019-S3353 (ACTIVE) - Summary

Requires informed consent for procedures done in the course of education or training.

2019-S3353 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3353

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public health law, in relation to informed consent
for procedures in the course of education or training

 
PURPOSE:

To amend the public health law, in relation to informed consent for
procedures in the course of education or training

 
SUMMARY OF PROVISIONS:

Section one adds a new section 18-b to the public health law to state
that in case of any health care procedure or examination, the fact that
the procedure or examination is performed in the course of education or
training does not diminish the requirement for informed consent for the
procedure or examination.

Section two provides the effective date.

 
JUSTIFICATION:

Informed consent is considered a standard practice in the field of medi-
cine. According to an article in Forbes on May 14, 2018, training physi-
cians are still routinely instructing medical students to practice
performing pelvic examinations on unconscious and anesthetized patients
who are undergoing surgery for training purposes only. Alarmingly, the
majority of patients are unaware that this practice is happening because
no informed consent was given prior to these examinations and no
documentation of the exams is kept. This practice of not requesting
informed consent for procedures and examinations for training purposes
only is not exclusive to pelvic exams on unconscious women and extends
to rectal and prostate exams on unconscious patients as well.

The importance of instilling the value of informed consent on medical
students cannot be underestimated. An article published by the American
Journal of Obstetrics and Gynecology indicated that while the majority
of first-year medical students were troubled by the idea of performing
pelvic exams on unconscious women without consent, their concerns about
this practice diminished by the time they graduated from medical school.
This "ethical erosion" has significant implications for how a physician
may treat patients in the future. A simple recommendation to avoid this
ethically-difficult situation is to ensure that students perform exam-
inations only after patients have given consent explicitly.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3353 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3353
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  informed  consent
   for procedures in the course of education or training
 
   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
 18-b to read as follows:
   § 18-B. PROCEDURES IN THE COURSE OF EDUCATION OR TRAINING; CONSENT. IN
 THE  CASE  OF ANY HEALTH CARE PROCEDURE OR EXAMINATION, THE FACT THAT IT
 IS PERFORMED IN THE COURSE OF EDUCATION OR TRAINING SHALL  NOT  DIMINISH
 THE REQUIREMENT FOR INFORMED CONSENT FOR THE PROCEDURE OR EXAMINATION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09034-01-9

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Senate Bill S3353

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Sponsored By

Jessica Ramos