Provides that 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 to any exhibition for medical education purposes without the patient (if competent) or the parent, guardian, committee or conservator being informed of the name, purpose or function of those in attendance and the right to refuse that examination and/or observation by the unnecessary personnel.
STATE OF NEW YORK
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61
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
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Introduced by M. of A. CAHILL, WEISENBERG -- Multi-Sponsored by -- M. of
A. McENENY -- 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 Assem-bly, do enact as follows:
1 Section 1. Section 296 of the executive law is amended by adding a
2 new subdivision 19-a to read as follows:
3 19-a. It shall be an unlawful discriminatory practice for any physi-
4 cian, hospital, or other health care provider to subject a patient with
5 a disability to visual observation during the course of any physical
6 examination by any person not necessary to the diagnosis or treatment of
7 such patient or any exhibition for medical education purposes, unless
8 the patient, if competent, or the parent or guardian of an infant, guar-
9 dian of a mentally retarded or developmentally disabled person, commit-
10 tee for an incompetent or a conservator for a conservatee has been
11 informed by the physician, hospital or health care provider of the name,
12 position or function of any personnel, including students, that are
13 authorized to visually observe any physical examination and that the
14 patient, if competent, or the parent or guardian of an infant, guardian
15 of a mentally retarded or developmentally disabled person, committee for
16 an incompetent, or conservator of a conservatee can refuse that examina-
17 tion and/or observation by the personnel.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01078-01-1
