Requires the department of health to develop an informational pamphlet for patients undergoing pelvic examinations and to make the informational pamphlet available for use by medical practitioners performing pelvic examinations and requires medical practitioners performing pelvic exams to disseminate such pamphlets.
STATE OF NEW YORK
________________________________________________________________________
7544
IN SENATE
January 24, 2020
___________
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Women's Issues
AN ACT to amend the public health law, in relation to requiring the
department of health to develop an informational pamphlet for patients
undergoing pelvic examinations and to make the informational pamphlet
available for use by medical practitioners performing pelvic examina-
tions and to require medical practitioners performing pelvic exams to
disseminate such pamphlets
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 2504-b to read as follows:
3 § 2504-b. Information concerning pelvic exams. 1. On or before July
4 first, two thousand twenty, the department, in coordination with the
5 American College of Obstetricians and Gynecologists, the Medical Society
6 of the State of New York, and the New York State Academy of Family
7 Physicians shall develop an informational pamphlet for patients undergo-
8 ing pelvic examinations that includes, but is not limited to information
9 concerning, the following:
10 (a) what a pelvic exam is and how it is properly performed;
11 (b) if applicable, a description of other relevant exams;
12 (c) privacy expectations, including that privacy should be provided
13 for the patient both when undressing and dressing and that a gown or a
14 drape should be provided;
15 (d) an explanation of what a speculum is and how it should be properly
16 used during an examination;
17 (e) that gloves should be worn by the licensee during the examination;
18 and
19 (f) a telephone number for the office of professional medical conduct
20 at which a patient may report any misconduct that the patient feels may
21 have occurred.
22 2. The informational pamphlet developed pursuant to subdivision one of
23 this section shall be made available for use by licensees performing
24 pelvic examinations. The informational pamphlet shall be posted as a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14831-01-0
S. 7544 2
1 printable file on the department's internet website, made available for
2 order as a printed deliverable on the department's internet website, or
3 both.
4 3. The informational pamphlet shall be written in layperson's language
5 and shall be made available in both English and Spanish.
6 4. Prior to a patient's first pelvic examination, a licensee shall
7 provide the patient the informational pamphlet developed pursuant to
8 this section and shall obtain a signed acknowledgment of receipt from
9 the patient, which shall be maintained as part of the patient's medical
10 record.
11 5. A licensee who violates this section may be cited and assessed an
12 administrative fine by the appropriate licensing board. A citation shall
13 not be issued and a fine shall not be assessed upon the first complaint
14 against a licensee who violates this section. Upon the second and subse-
15 quent complaints against a licensee who violates this section, a cita-
16 tion may be issued and an administrative fine may be assessed by the
17 appropriate licensing board.
18 6. Notwithstanding any other law, a licensee shall not be subject to
19 criminal penalties for a violation of this section.
20 7. Notwithstanding any other law, all fines collected pursuant to this
21 section for a violation of this section shall be credited to the respec-
22 tive fund or account of the appropriate licensing board that assessed
23 the fine, but shall not be expended until they are appropriated by the
24 legislature.
25 8. For purposes of this section, "licensee" means a person licensed,
26 certified, registered, or otherwise subject to regulation under the
27 education law who, acting within the scope of his or her practice in
28 accordance with standardized protocols where they exist and in conformi-
29 ty with the standard of care for his or her profession, is authorized to
30 perform pelvic examinations.
31 § 2. This act shall take effect on the one hundredth day after it
32 shall have become a law. Effective immediately the addition, amendment
33 and/or repeal of any rule or regulation necessary for the implementation
34 of this act on its effective date are authorized to be made and
35 completed on or before such date.
