Senate Bill S1092B

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 - 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

2019-S1092 - Details

See Assembly Version of this Bill:
A6325
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-S1092 - Summary

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

2019-S1092 - Sponsor Memo

2019-S1092 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1092
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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 requiring  consent
   to  perform  a  pelvic  examination  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.  The  public health law is amended by adding a new section
 2827 to read as follows:
   § 2827. PELVIC EXAMINATIONS ON ANESTHETIZED OR UNCONSCIOUS PERSONS. NO
 PERSON SHALL PERFORM A PELVIC EXAMINATION ON AN ANESTHETIZED  OR  UNCON-
 SCIOUS PERSON UNLESS:
   1.  SUCH PERSON RECEIVING THE PELVIC EXAMINATION GIVES PRIOR VERBAL OR
 WRITTEN INFORMED CONSENT TO THE PELVIC EXAMINATION;
   2. THE PERFORMANCE OF A PELVIC EXAMINATION IS WITHIN THE SCOPE OF CARE
 FOR THE SURGICAL PROCEDURE OR DIAGNOSTIC  EXAMINATION  SCHEDULED  TO  BE
 PERFORMED ON SUCH PERSON RECEIVING THE PELVIC EXAMINATION; OR
   3. SUCH PERSON RECEIVING THE PELVIC EXAMINATION IS UNCONSCIOUS AND THE
 PELVIC EXAMINATION IS REQUIRED FOR DIAGNOSTIC PURPOSES.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00866-01-9



              

co-Sponsors

2019-S1092A - Details

See Assembly Version of this Bill:
A6325
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-S1092A - Summary

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

2019-S1092A - Sponsor Memo

2019-S1092A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1092--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
                                                            LBD00866-02-9



              

co-Sponsors

2019-S1092B - Details

See Assembly Version of this Bill:
A6325
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-S1092B - Summary

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

2019-S1092B - Sponsor Memo

2019-S1092B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1092--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by Sens. PERSAUD, BIAGGI, BOYLE, HOYLMAN, KRUEGER, MARTINEZ,
   STAVISKY, THOMAS -- read twice and ordered printed, and  when  printed
   to  be  committed  to the Committee on Health -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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.
                                                            LBD00866-04-9



              

co-Sponsors

2019-S1092C - Details

See Assembly Version of this Bill:
A6325
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-S1092C - Summary

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

2019-S1092C - Sponsor Memo

2019-S1092C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1092--C
     Cal. No. 454
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sens.  PERSAUD, BIAGGI, BOYLE, HOYLMAN, KAPLAN, KRUEGER,
   MARTINEZ, STAVISKY, THOMAS -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 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 THE PERFORMANCE  OF
 A PELVIC EXAMINATION ON AN ANESTHETIZED OR UNCONSCIOUS PATIENT UNLESS:
   (A) THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE GIVES PRIOR
 VERBAL OR WRITTEN INFORMED CONSENT 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
 VERBAL OR WRITTEN CONSENT; OR
   (C) THE PATIENT IS UNCONSCIOUS AND THE PELVIC EXAMINATION IS NECESSARY
 FOR DIAGNOSTIC OR TREATMENT PURPOSES.
   § 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.
                                                            LBD00866-06-9
              

co-Sponsors

2019-S1092D - Details

See Assembly Version of this Bill:
A6325
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-S1092D - Summary

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

2019-S1092D - Sponsor Memo

2019-S1092D - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1092--D
     Cal. No. 454
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sens. PERSAUD, BIAGGI, BOYLE, CARLUCCI, HOYLMAN, KAPLAN,
   KRUEGER, MARTINEZ, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee, ordered  to  first  and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading -- passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S1092E (ACTIVE) - Details

See Assembly Version of this Bill:
A6325
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L

2019-S1092E (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-S1092E (ACTIVE) - Sponsor Memo

2019-S1092E (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1092--E
     Cal. No. 454
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sens. PERSAUD, BIAGGI, BOYLE, CARLUCCI, HOYLMAN, KAPLAN,
   KRUEGER, MARTINEZ, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee, ordered  to  first  and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading -- passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- again amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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