Bill Text: NY S02165 | 2025-2026 | General Assembly | Introduced
Bill Title: Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2025-01-15 - REFERRED TO HEALTH [S02165 Detail]
Download: New_York-2025-S02165-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2165 2025-2026 Regular Sessions IN SENATE January 15, 2025 ___________ Introduced by Sens. MAY, BROUK, FERNANDEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 2832 to read as follows: 3 § 2832. 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: 22 i. to the patient's life; or 23 ii. of irreversible complications or impairment to the patient's bodi- 24 ly functions or any bodily organ or part. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02863-01-5S. 2165 2 1 2. Nothing in this section prohibits a hospital from limiting a health 2 care provider's practice to protect patients' physical safety. 3 3. A health care entity shall not discharge, demote, suspend, disci- 4 pline, discriminate or otherwise retaliate against a health care practi- 5 tioner for engaging in communications or providing services consistent 6 with this section. 7 4. The department shall design, prepare, and make available online 8 written materials to clearly inform health care practitioners and staff 9 of the provisions of this section. 10 § 2. If any clause, sentence, paragraph, section or part of this act 11 be adjudged by any court of competent jurisdiction to be invalid, such 12 judgment shall not affect, impair or invalidate the remainder hereof but 13 shall be applied in its operation to the clause, sentence, paragraph, 14 section or part hereof directly involved in the controversy in which 15 such judgment shall have been rendered. 16 § 3. This act shall take effect immediately.
