Amd §2504, add §230-e, Pub Health L; amd §6530, Ed L
 
Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct.
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 commit-
tee -- 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 anesthe-
tized or unconscious person
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2504 of the public health law is amended by adding
2 a new subdivision 7 to read as follows:
3 7. No person shall perform a pelvic examination or supervise the
4 performance of a pelvic examination on an anesthetized or unconscious
5 patient unless the person performing the pelvic examination is legally
6 authorized to do so and the person supervising the performance of the
7 pelvic examination is legally authorized to do so and:
8 (a) the patient or the patient's authorized representative gives prior
9 oral or written informed consent specific to the pelvic examination;
10 (b) the performance of a pelvic examination is within the scope of
11 care for the surgical procedure or diagnostic examination scheduled to
12 be performed on the patient and to which the patient has already given
13 oral or written consent; or
14 (c) the patient is unconscious and the pelvic examination is medically
15 necessary for diagnostic or treatment purposes, and the patient is in
16 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
1 would result in a delay of treatment which would increase the risk to
2 the patient's life or health.
3 Nothing in this subdivision diminishes any other requirement to obtain
4 informed consent for a pelvic examination or any other procedure.
5 § 2. The public health law is amended by adding a new section 230-e to
6 read as follows:
7 § 230-e. Unauthorized pelvic examinations. For the purposes of this
8 title, professional misconduct shall include pelvic examinations or
9 supervising the performance of a pelvic examination in violation of
10 subdivision seven of section twenty-five hundred four of this chapter.
11 § 3. Section 6530 of the education law is amended by adding a new
12 subdivision 50 to read as follows:
13 50. Performing a pelvic examination or supervising the performance of
14 a pelvic examination in violation of subdivision seven of section twen-
15 ty-five hundred four of the public health law.
16 § 4. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law.