S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1165
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, ROSENTHAL, RAGA, GONZALEZ-ROJAS, SIMONE,
   McMAHON, SEAWRIGHT,  LUNSFORD,  SIMON,  SHIMSKY,  LEVENBERG,  BURDICK,
   EPSTEIN,  TAPIA,  KELLES, REYES, HEVESI, ROZIC, CLARK -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to prohibited  hospi-
   tal interference with patient care
 
   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
 2832 to read as follows:
   §  2832.  INTERFERENCE WITH CARE; PROHIBITED. 1. EXCEPT AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION, IF A HEALTH CARE PRACTITIONER  LICENSED
 PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW IS ACTING IN GOOD FAITH,
 WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE,  AND  WITHIN  THE  RELEVANT
 STANDARD OF CARE, A HOSPITAL SHALL NOT:
   (A)  LIMIT THE HEALTH CARE PRACTITIONER'S PROVISION OF MEDICALLY ACCU-
 RATE AND COMPREHENSIVE INFORMATION AND RESOURCES TO A PATIENT  REGARDING
 THE  PATIENT'S  HEALTH  STATUS INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS,
 PROGNOSIS, RECOMMENDED TREATMENT,  TREATMENT  ALTERNATIVES,  INFORMATION
 ABOUT  AVAILABLE  SERVICES  AND  WHERE  AND  HOW TO OBTAIN THEM, AND ANY
 POTENTIAL RISKS TO THE PATIENT'S HEALTH OR LIFE; OR
   (B) PROHIBIT THE HEALTH CARE PRACTITIONER FROM PROVIDING  HEALTH  CARE
 SERVICES RELATED TO COMPLICATIONS OF PREGNANCY, INCLUDING BUT NOT LIMIT-
 ED  TO  HEALTH  SERVICES RELATED TO MISCARRIAGE MANAGEMENT AND TREATMENT
 FOR ECTOPIC PREGNANCIES, IN  CASES  IN  WHICH  FAILURE  TO  PROVIDE  THE
 SERVICE  WOULD VIOLATE THE ACCEPTED STANDARD OF CARE OR WHEN THE PATIENT
 PRESENTS A MEDICAL CONDITION MANIFESTING ITSELF  BY  ACUTE  SYMPTOMS  OF
 SUFFICIENT  SEVERITY  SUCH  THAT  THE ABSENCE OF MEDICAL ATTENTION COULD
 REASONABLY BE EXPECTED TO POSE A RISK:
   I. TO THE PATIENT'S LIFE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02863-01-5
 A. 1165                             2
              

 
   II. OF IRREVERSIBLE COMPLICATIONS OR IMPAIRMENT TO THE PATIENT'S BODI-
 LY FUNCTIONS OR ANY BODILY ORGAN OR PART.
   2. NOTHING IN THIS SECTION PROHIBITS A HOSPITAL FROM LIMITING A HEALTH
 CARE PROVIDER'S PRACTICE TO PROTECT PATIENTS' PHYSICAL SAFETY.
   3.  A  HEALTH CARE ENTITY SHALL NOT DISCHARGE, DEMOTE, SUSPEND, DISCI-
 PLINE, DISCRIMINATE OR OTHERWISE RETALIATE AGAINST A HEALTH CARE PRACTI-
 TIONER FOR ENGAGING IN COMMUNICATIONS OR PROVIDING  SERVICES  CONSISTENT
 WITH THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  DESIGN, PREPARE, AND MAKE AVAILABLE ONLINE
 WRITTEN MATERIALS TO CLEARLY INFORM HEALTH CARE PRACTITIONERS AND  STAFF
 OF THE PROVISIONS OF THIS SECTION.
   §  2.  If any clause, sentence, paragraph, section or part of this act
 be adjudged by any court of competent jurisdiction to be  invalid,  such
 judgment shall not affect, impair or invalidate the remainder hereof but
 shall  be  applied  in its operation to the clause, sentence, paragraph,
 section or part hereof directly involved in  the  controversy  in  which
 such judgment shall have been rendered.
   § 3. This act shall take effect immediately.