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A1062Assembly2017-2018 Session

Ban Unauthorized Patient Observation

Official title

“Makes the visual observation of a patient by unnecessary personnel without consent an unlawful discriminatory practice”

Sponsor Kevin CahillAD-103
Status
In Assembly Committee
Governmental Operations
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Operations

What's happening

This bill requires health care providers to obtain informed consent before allowing anyone not essential to observe physical exams of patients with disabilities.

Why it matters

  1. Empowers patients with disabilities and their guardians. by ensuring they are fully informed about who will observe their physical exams, increasing their control over sensitive medical situations.

  2. Mandates disclosure of observers’ identities and roles. (including students), which could improve transparency and trust in medical environments, especially where educational activities occur.

  3. Establishes a legal right to refuse observation by non-essential personnel. , potentially reducing discomfort, embarrassment, or trauma for vulnerable patients during physical examinations.

  4. Expands anti-discrimination protections in health care settings. , making it explicitly unlawful to subject disabled patients to unnecessary observation, thereby reinforcing dignity and privacy rights.

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Who cares

Headline styles

Ban Unauthorized Patient Observation

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin Cahill

Assembly Member · Assembly District 103

No co-sponsors yet.

History

  1. Referred to governmental operations
  2. Referred to governmental operations

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1062

2017-2018 Regular Sessions

IN ASSEMBLY

January 10, 2017

Introduced by M. of A. CAHILL -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to requiring consent for visual observation of patients with disabilities

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 296 of the executive law is amended by adding a new subdivision 19-a to read as follows:

19-a. It shall be an unlawful discriminatory practice for any physician, hospital, or other health care provider to subject a patient with a disability to visual observation during the course of any physical examination by any person not necessary to the diagnosis or treatment of such patient or any exhibition for medical education purposes, unless the patient, if competent, or the parent or guardian of an infant, guardian of a mentally retarded or developmentally disabled person, committee for an incompetent or a conservator for a conservatee has been informed by the physician, hospital or health care provider of the name, position or function of any personnel, including students, that are authorized to visually observe any physical examination and that the patient, if competent, or the parent or guardian of an infant, guardian of a mentally retarded or developmentally disabled person, committee for an incompetent, or conservator of a conservatee can refuse that examination and/or observation by the personnel.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01620-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.