S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9677
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to the  provision  of
   informed consent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (g) of subdivision  1  of  section  2803  of  the
 public health law, as added by chapter 2 of the laws of 1988, is amended
 to read as follows:
   (g)  The  commissioner shall require that every general hospital adopt
 and make public an identical statement of the  rights  and  responsibil-
 ities of patients, IN ACCORDANCE WITH APPLICABLE LAW, including, BUT NOT
 LIMITED TO:
   (I) a patient complaint and quality of care review process[,];
   (II)  A  RIGHT  TO  RECEIVE ALL INFORMATION NECESSARY TO GIVE INFORMED
 CONSENT FOR ANY PROPOSED INTERVENTION, PROCEDURE, OR TREATMENT,  INCLUD-
 ING  INFORMATION  REGARDING  THE  FORESEEABLE AND CLINICALLY SIGNIFICANT
 RISKS AND BENEFITS OF THE PROPOSED INTERVENTION,  PROCEDURE,  OR  TREAT-
 MENT;
   (III)  A RIGHT TO RECEIVE COMPLETE INFORMATION REGARDING THE PATIENT'S
 CONDITION, PROGNOSIS, AND CLINICAL INDICATIONS FOR THE  PROPOSED  INTER-
 VENTION, PROCEDURE, OR TREATMENT;
   (IV)  A  RIGHT  TO RECEIVE INFORMATION REGARDING ALTERNATIVE TREATMENT
 OPTIONS INCLUDING THE FORESEEABLE AND CLINICALLY SIGNIFICANT  RISKS  AND
 BENEFITS  OF  SUCH  ALTERNATIVE TREATMENT OPTIONS, TAKING INTO CONSIDER-
 ATION ANY KNOWN PRECONDITIONS;
   (V) A RIGHT TO BE INFORMED OF THE NAME, POSITION, AND FUNCTIONS OF ANY
 PERSONS, INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM NEW  YORK
 STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-SIX OF THE
 EDUCATION LAW, WHO PROVIDE FACE-TO-FACE CARE TO OR DIRECT OBSERVATION OF
 THE PATIENT;
   (VI) A RIGHT TO REFUSE THE PROPOSED INTERVENTION, PROCEDURE, OR TREAT-
 MENT AND TO BE INFORMED OF THE CLINICAL EFFECTS OF SUCH REFUSAL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05310-08-2
              

 A. 9677                             2
 
   (VII)  A  RIGHT TO MEANINGFULLY ENGAGE AND PARTICIPATE IN THE INFORMED
 CONSENT PROCESS, WHICH SHALL MEAN, BUT NOT BE LIMITED TO, AFFORDING  THE
 PATIENT  OR  THEIR  REPRESENTATIVE  TIME  TO ASK QUESTIONS AND HAVE THEM
 ANSWERED SATISFACTORILY TO THE EXTENT REASONABLE;
   (VIII)  A RIGHT TO BE INFORMED OF ANY HUMAN SUBJECTS RESEARCH THAT THE
 ATTENDING PHYSICIAN TAKING CARE OF THE PATIENT PARTICIPATES IN  AND  MAY
 DIRECTLY  AFFECT A PROCEDURE OR TREATMENT TO BE RECEIVED BY THE PATIENT,
 AND TO PROVIDE VOLUNTARY WRITTEN INFORMED CONSENT TO PARTICIPATE, SHOULD
 THE PATIENT BE AN APPROPRIATE CANDIDATE FOR SUCH HUMAN SUBJECTS RESEARCH
 IN THE CLINICAL  JUDGMENT  OF  THE  ATTENDING  PHYSICIAN.  THE  INFORMED
 CONSENT REFERRED TO HERE SHALL CONFORM WITH FEDERAL REQUIREMENTS REGARD-
 ING  PROTECTION  FOR  HUMAN  RESEARCH SUBJECTS, AND ANY OTHER APPLICABLE
 LAWS OR REGULATIONS;
   (IX) a right to an appropriate patient discharge plan; and
   (X) for patients other than beneficiaries of title XVIII of the feder-
 al social security act (medicare), a right  to  a  discharge  review  in
 accordance  with  section  twenty-eight hundred three-i of this article.
 The form and content of such statement shall be determined in accordance
 with rules and regulations adopted by the council and  approved  by  the
 commissioner.  A patient who requires continuing health care services in
 accordance  with  such  patient's  discharge  plan may not be discharged
 until such services are secured or determined  by  the  hospital  to  be
 reasonably  available to the patient. Each general hospital shall give a
 copy of the statement to each patient, or the appointed personal  repre-
 sentative  of  the  patient  at or prior to the time of admission to the
 general hospital, as long as  the  patient  or  the  appointed  personal
 representative of the patient receives such notice no earlier than four-
 teen  days  before admission. Such statement shall also be conspicuously
 posted by the hospital and shall be a part of  the  patient's  admission
 package.  Nothing  herein  contained  shall  be  construed  to limit any
 authority vested in the commissioner pursuant to this article related to
 the operation of hospitals and care and services provided to patients.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.