What's happening
This bill prohibits pelvic exams on anesthetized or unconscious patients without informed consent or medical necessity, and establishes penalties for violations.
Why it matters
Strengthens patient autonomy. by requiring explicit informed consent for pelvic exams on anesthetized or unconscious patients, ensuring individuals know and agree to what procedures are performed on their bodies.
Narrows exceptions to emergencies. The only situations where a pelvic exam can be performed without prior consent are if it’s medically necessary for immediate treatment and delaying it would endanger the patient’s health, protecting patients from unnecessary or non-consensual procedures.
Creates clear professional accountability. Performing or supervising unauthorized pelvic exams is classified as professional misconduct under both public health and education laws, exposing violators to disciplinary action, which may deter unethical practices.
Reinforces existing consent standards. The bill explicitly states it does not lessen other informed consent requirements, signaling a broader commitment to patient rights and possibly influencing consent practices in related medical procedures.
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Who cares
Headline styles
Ban Unauthorized Pelvic Exams
Plain English, a few words. Used as the page title.
Sponsors
18 Co-sponsors
1 Multi-sponsor
History
- Substituted by S1092E
- Ordered to third reading rules cal.273
- Rules report cal.273
- Reported
- Reported referred to rules
- Print number 6325c
- Amend and recommit to codes
- Reported referred to codes
- Print number 6325b
- Amend (t) and recommit to health
- Print number 6325a
- Amend and recommit to health
Show 1 earlier action
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Unauthorized Pelvic Exams
Signed by Governor · Sponsor Roxanne J. Persaud
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6325--C
2019-2020 Regular Sessions
IN ASSEMBLY
March 5, 2019
Introduced by M. of A. SOLAGES, FRONTUS, WRIGHT, SIMON, JACOBSON, TAYLOR, GRIFFIN, BARRON, SIMOTAS, ASHBY, WALLACE, O'DONNELL, EPSTEIN, LIFTON -- Multi-Sponsored by -- M. of A. CARROLL -- read once and referred 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 and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law and the education law, in relation to prohibiting the performance of a pelvic examination on an anesthetized or unconscious person
The People of the State of New York, represented in Senate and Assembly, 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
(c) the patient is unconscious and the pelvic examination is medically necessary for diagnostic or treatment purposes, and the patient is in immediate need of medical attention and an attempt to secure consent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00866-15-9
A. 6325--C 2
would result in a delay of treatment which would increase the risk to the patient's life or health.
Nothing in this subdivision diminishes any other requirement to obtain informed consent for a pelvic examination or any other procedure.
§ 2. The public health law is amended by adding a new section 230-e to read as follows:
§ 230-e. Unauthorized pelvic examinations. For the purposes of this title, professional misconduct shall include pelvic examinations or supervising the performance of a pelvic examination in violation of subdivision seven of section twenty-five hundred four of this chapter.
§ 3. 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 in violation of subdivision seven of section twenty-five hundred four of the public health law.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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.