Establishes requirements for the informed consent to the provision of medical procedures; repealer

BILL NUMBER:S7550

Title of bill

An act to amend the public health law, in relation to the provision of informed consent, by patients or their representatives, to medical and surgical procedures; and to repeal certain provisions of such law relating thereto

Purpose

Establishes requirements for the informed consent to the provision of medical procedures; repealer.

Summary of provisions

The public health law is amended by adding a new article 17: Informed Consent

Section 1700: Definitions

Section 1701: Notice of right to informed consent

Section 1702: Duty to obtain informed consent

Section 1703: Procedures and surgery requiring informed consent

Section 1704: Surgery; informed consent not required

Section 1705: Capacity to provide informed consent

Section 1706: Scope of informed consent

Section 1707: Patient involvement in their care

Justification

Health care is extraordinarily complex. It is also an industry where the difference in knowledge and understanding between the health provider and patient is usually vast. It is therefore critical that health care providers impart adequate information in a manner that a patient can understand so that he or she can effectively exercise the right to make informed decisions about the plan of care, medical or surgical interventions, care after discharge, etc. In other words, easy-to-understand health forms and accompanying information are crucial. A simplified process of informing patients and receiving consent does not prohibit a more in-depth conversation for patients that desire more detailed information-but it is basic, necessary, and should be required by all health providers. This bill seeks to do that by laying out a comprehensive policy for informed consent.

Legislative history

New bill

Fiscal implications

To be determined

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.