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History
- Referred to codes
- Referred to codes
Full text
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Title of bill
An act to amend the penal law, in relation to expanding the definition of health care provider relating to sex offenses
Purpose
To expand the definition of "health care provider," for the purposes of consenting to a sexual act, to include nurses and x-ray technicians.
Summary of provisions
Section 1 of the bill adds professionals in the fields of nursing or x-ray technology to the list of professions covered by the term "health care provider."
Section 2 establishes the effective date of the act.
Existing law
Currently, section 130.00(12) of the Penal Law defines "health care provider" to be professionals in the fields of medicine, chiropractic, dentistry, or podiatry.
Justification
Section 130.05(h) of the Penal Law states that patients or clients under the care of a health care provider are deemed incapable of consent, for the purposes of sex offenses. Nurses and x-ray technicians, however, are not included in this definition of "health care provider," which can be found in section 130.00 of the Penal Law.
Most people recognize the important role nurses and x-ray technicians pay in the delivery of health care services. As health care professionals, they play important roles in the lives of their patients. Recently. a Syracuse-area judge was forced to dismiss a charge against an x-ray technician because individuals in the field are not covered by this section of the penal Law.
By adding nurses and x-ray technicians to the category of "health care provider." this act corrects an unfortunate omission in section 130.00(12) of the Penal Law.
Legislative history
S.6839/A.10508 of 2005-2006 S.2421/A.4777 of 2007-2008
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.