STATE OF NEW YORK
________________________________________________________________________
6616--A
2023-2024 Regular Sessions
IN SENATE
May 1, 2023
___________
Introduced by Sens. MAY, FERNANDEZ, GOUNARDES, JACKSON, WEBB -- read
twice and ordered printed, and when printed to be committed to the
Committee on Health -- recommitted to the Committee on Health in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to prohibited hospi-
tal interference with patient care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2831 to read as follows:
3 § 2831. Interference with care; prohibited. 1. Except as provided in
4 subdivision two of this section, if a health care practitioner licensed
5 pursuant to title eight of the education law is acting in good faith,
6 within the practitioner's scope of practice, and within the relevant
7 standard of care, a hospital shall not:
8 (a) Limit the health care practitioner's provision of medically accu-
9 rate and comprehensive information and resources to a patient regarding
10 the patient's health status including, but not limited to, diagnosis,
11 prognosis, recommended treatment, treatment alternatives, information
12 about available services and where and how to obtain them, and any
13 potential risks to the patient's health or life; or
14 (b) Prohibit the health care practitioner from providing health care
15 services related to complications of pregnancy, including but not limit-
16 ed to health services related to miscarriage management and treatment
17 for ectopic pregnancies, in cases in which failure to provide the
18 service would violate the accepted standard of care or when the patient
19 presents a medical condition manifesting itself by acute symptoms of
20 sufficient severity such that the absence of medical attention could
21 reasonably be expected to pose a risk:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08299-06-4
S. 6616--A 2
1 i. to the patient's life; or
2 ii. of irreversible complications or impairment to the patient's bodi-
3 ly functions or any bodily organ or part.
4 2. Nothing in this section prohibits a hospital from limiting a health
5 care provider's practice to protect patients' physical safety.
6 3. A health care entity shall not discharge, demote, suspend, disci-
7 pline, discriminate or otherwise retaliate against a health care practi-
8 tioner for engaging in communications or providing services consistent
9 with this section.
10 4. The department shall design, prepare, and make available online
11 written materials to clearly inform health care practitioners and staff
12 of the provisions of this section.
13 § 2. If any clause, sentence, paragraph, section or part of this act
14 be adjudged by any court of competent jurisdiction to be invalid, such
15 judgment shall not affect, impair or invalidate the remainder hereof but
16 shall be applied in its operation to the clause, sentence, paragraph,
17 section or part hereof directly involved in the controversy in which
18 such judgment shall have been rendered.
19 § 3. This act shall take effect immediately.
