Establishes a pregnant persons' bill of rights; requires posting and disclosing such bill of rights; establishes a penalty for failure to post or disclose such bill of rights.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A668
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to establishing a
pregnant persons' bill of rights
PURPOSE:
This bill establishes a pregnant persons bill of rights.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law by adding a new section 266-a.
Section two sets forth the effective date.
JUSTIFICATION:
The patient's bill of rights in New York State does not adequately
protect pregnant persons. Evidence and case reports suggest that medical
professionals often perform unnecessary procedures on pregnant patients
without first obtaining their consent or despite their lack thereof.
It is vital that the rights of any pregnant patient in a hospital
setting be clearly and publicly displayed, and that such individuals
have actionable legal recourse should their rights be violated. This
legislation requires that any healthcare professional serving pregnant
patients clearly present a pregnant patient bill of rights, which
outlines the unique needs of pregnant patients and their medical provid-
ers. As an individual prepares to give birth it is vital that they are
treated just as any other patient, and that their consent and needs be
held in the same regard.
LEGISLATIVE HISTORY:
2021-22: A.451 - Referred to Health
2019-20: A.5036 - Referred to Health
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
668
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL, PAULIN, SEAWRIGHT, JACKSON -- read
once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing a
pregnant persons' bill of rights
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Title 6 of article 2 of the public health law, as added by
2 chapter 342 of the laws of 2014, is amended by adding a new section
3 266-a to read as follows:
4 § 266-a. Pregnant persons' bill of rights. 1. Any healthcare profes-
5 sional who could reasonably foresee having pregnant persons as patients
6 shall conspicuously post a pregnant persons' bill of rights to be issued
7 by the department. The bill of rights shall be written in plain English,
8 and shall be made available in other languages, including but not limit-
9 ed to Spanish, French, Chinese and Russian. The pregnant persons' bill
10 of rights shall include, but not limited to the:
11 (a) right of decisionally capable pregnant persons to refuse treat-
12 ment, even if the refusal could result in the loss of life;
13 (b) requirement of doctors to receive informed consent from a pregnant
14 person before performing any medical procedure;
15 (c) requirement that coercion may not be used to receive that consent,
16 nor may appeals to conscience or morality;
17 (d) requirement that care should be provided in a culturally sensitive
18 environment;
19 (e) requirement that counseling and therapy should be made available
20 to anyone who experiences an adverse outcome as a result of refusing
21 treatment, but such counseling and therapy should not be required and
22 pregnant persons have the right to refuse the therapy;
23 (f) requirement that pregnant persons have the right to choose which
24 medical procedures she agrees to, without pressure throughout pregnancy
25 and delivery;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00704-01-3
A. 668 2
1 (g) right to request room, doctor or nurse change at any point;
2 (h) right to know doctor's methods;
3 (i) right to change her mind with respect to any treatment decision at
4 any point;
5 (j) right of pregnant persons to be in any position they want so long
6 as it is medically indicated as safe;
7 (k) right of pregnant persons to know the risks associated with any
8 and all tests or procedures;
9 (l) right of pregnant persons to receive or refuse any type of
10 emotional, social, psychological or physical support people have before,
11 during and after labor;
12 (m) right of pregnant persons to choose birth setting;
13 (n) right of pregnant persons to refuse or accept any administered
14 drug/treatment; and
15 (o) right of pregnant persons to receive information about any poten-
16 tial direct or indirect effects, risks, hazards to the mother and fetus
17 because of a drug or procedure.
18 2. Before a healthcare professional commences a physical examination
19 or any treatment of a pregnant person, the healthcare professional
20 conducting the exam shall inform the person of the pregnant persons'
21 bill of rights by providing a copy of such bill of rights and offering
22 to explain such rights.
23 3. Failure to comply with the provisions of this section shall result
24 in a penalty of five hundred dollars for the first violation, and for
25 the second and each subsequent violation, the penalty shall be one thou-
26 sand dollars.
27 § 2. This act shall take effect on the thirtieth day after it shall
28 have become a law.
