STATE OF NEW YORK
        ________________________________________________________________________
                                           537
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. CAHILL -- 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 developmentally disabled person, committee for an  incompetent
    10  or  a  conservator for a conservatee has been informed by the physician,
    11  hospital or health care provider of the name, position  or  function  of
    12  any  personnel,  including  students,  that  are  authorized to visually
    13  observe any physical examination and that the patient, if competent,  or
    14  the parent or guardian of an infant, guardian of a developmentally disa-
    15  bled person, committee for an incompetent, or conservator of a conserva-
    16  tee can refuse that examination and/or observation by the personnel.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01971-01-9