Bill Text: NY S04495 | 2009-2010 | General Assembly | Amended
Bill Title: Prohibits participation in torture and improper treatment of prisoners by health care professional; prohibits a health care professional from engaging, assisting, planning the torture or improper treatment of a prisoner; requires health care professionals to report torture and improper treatment.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S04495 Detail]
Download: New_York-2009-S04495-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4495--A
2009-2010 Regular Sessions
I N S E N A T E
April 24, 2009
___________
Introduced by Sens. DUANE, KRUEGER, PERKINS -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public health law, the education law and the labor
law, in relation to prohibiting participation in torture and improper
treatment of prisoners by health care professionals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative policy and intent. This legislation is based
2 on, and is intended to give effect to, international treaties and stand-
3 ards; federal, state and local law; and professional standards relating
4 to torture, improper treatment of prisoners, and related matters. It is
5 guided by two basic principles: (1) health care professionals shall be
6 dedicated to providing the highest standard of health care, with
7 compassion and respect for human dignity and rights; and (2) torture and
8 improper treatment of prisoners are wrong and inconsistent with the
9 practice of the health care professions. The legislature finds that the
10 conduct prohibited by this act violates the ethical and legal obli-
11 gations of licensed health care professionals. This legislation will
12 further protect the professionalism of New York state licensed health
13 care professionals by authorizing and obligating them to refuse to
14 participate in torture and improper treatment of prisoners, which in
15 turn will protect the life and health of the people of the state and
16 those with whom New York licensed health care professionals interact. A
17 health care professional who comes to the aid of a prisoner should not
18 be presumed to be in violation when she or he is fulfilling the ethical
19 principle of beneficence. In contrast, a health care professional who,
20 for example, attends to a prisoner in order to allow torture or improper
21 treatment to commence or continue is not acting beneficently. Such
22 practices are inconsistent with professional ethics and standards and
23 are violations of this legislation. The legislature is mindful that
24 ordinarily there are limits on New York state's jurisdiction relating to
25 conduct outside the state or under federal authority. However, it is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00774-07-9
S. 4495--A 2
1 proper for the state to regulate health care professional licensure in
2 relation to a professional's conduct, even where the conduct occurs
3 outside the state; certain wrongful out-of-state conduct is already
4 grounds for professional discipline. Therefore, it is the legislature's
5 intent that this legislation be applied to the fullest extent possible.
6 S 2. The public health law is amended by adding a new section 22 to
7 read as follows:
8 S 22. PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS BY
9 HEALTH CARE PROFESSIONALS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE
10 TERMS "TORTURE" AND "IMPROPER TREATMENT" SHALL BE INTERPRETED IN ACCORD-
11 ANCE WITH APPLICABLE INTERNATIONAL TREATIES, PRINCIPLES AND STANDARDS AS
12 WELL AS THE DECISIONS, OBSERVATIONS AND RECOMMENDATIONS OF THE CORRE-
13 SPONDING INTERPRETING BODIES. HOWEVER, FOR THE PURPOSES OF THIS SECTION,
14 IT SHALL NOT BE AN ELEMENT OF EITHER "TORTURE" OR "IMPROPER TREATMENT"
15 THAT SUCH ACTS BE COMMITTED BY A GOVERNMENT OR NON-GOVERNMENT ACTOR,
16 ENTITY, OR OFFICIAL; UNDER COLOR OF LAW; OR NOT UNDER COLOR OF LAW. AS
17 USED IN THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE
18 FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
19 (A) "HEALTH CARE PROFESSIONAL" MEANS ANY PERSON LICENSED, REGISTERED,
20 CERTIFIED, OR EXEMPT TO PRACTICE UNDER (I) ANY OF THE FOLLOWING ARTICLES
21 OF THE EDUCATION LAW: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
22 THIRTY-ONE-B (PHYSICIAN ASSISTANTS AND SPECIALIST ASSISTANTS), ONE
23 HUNDRED THIRTY-TWO (CHIROPRACTIC), ONE HUNDRED THIRTY-THREE (DENTISTRY
24 AND DENTAL HYGIENE), ONE HUNDRED THIRTY-SIX (PHYSICAL THERAPY AND PHYS-
25 ICAL THERAPIST ASSISTANTS), ONE HUNDRED THIRTY-SEVEN (PHARMACY), ONE
26 HUNDRED THIRTY-NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY
27 PRACTICE ACT), ONE HUNDRED FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE
28 (OPTOMETRY), ONE HUNDRED FORTY-FOUR (OPHTHALMIC DISPENSING), ONE HUNDRED
29 FIFTY-THREE (PSYCHOLOGY), ONE HUNDRED FIFTY-FOUR (SOCIAL WORK), ONE
30 HUNDRED FIFTY-FIVE (MASSAGE THERAPY), ONE HUNDRED FIFTY-SIX (OCCUPA-
31 TIONAL THERAPY), ONE HUNDRED FIFTY-SEVEN (DIETETICS AND NUTRITION), ONE
32 HUNDRED FIFTY-NINE (SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS), ONE
33 HUNDRED SIXTY (ACUPUNCTURE), ONE HUNDRED SIXTY-THREE (MENTAL HEALTH
34 PRACTITIONERS), ONE HUNDRED SIXTY-FOUR (RESPIRATORY THERAPISTS AND
35 RESPIRATORY THERAPY TECHNICIANS), ONE HUNDRED SIXTY-FIVE (CLINICAL LABO-
36 RATORY TECHNOLOGY PRACTICE ACT), OR ONE HUNDRED SIXTY-SIX (MEDICAL PHYS-
37 ICS PRACTICE), OR (II) ARTICLE THIRTY-FIVE OF THIS CHAPTER (PRACTICE OF
38 RADIOLOGIC TECHNOLOGY).
39 (B) "TORTURE" MEANS ANY INTENTIONAL ACT OR INTENTIONAL OMISSION BY
40 WHICH SEVERE PAIN OR SUFFERING, WHETHER PHYSICAL OR MENTAL, IS INFLICTED
41 ON A PERSON FOR SUCH PURPOSES AS OBTAINING FROM THE PERSON OR FROM A
42 THIRD PERSON INFORMATION OR A CONFESSION, PUNISHING THE PERSON FOR AN
43 ACT THE PERSON OR A THIRD PERSON HAS COMMITTED (INCLUDING THE HOLDING OF
44 A BELIEF OR MEMBERSHIP IN ANY GROUP) OR IS SUSPECTED OF HAVING COMMIT-
45 TED, OR INTIMIDATING OR COERCING THE PERSON OR A THIRD PERSON, OR FOR
46 ANY REASON BASED ON DISCRIMINATION OF ANY KIND. IT DOES NOT INCLUDE
47 PAIN OR SUFFERING ARISING ONLY FROM, INHERENT IN OR INCIDENTAL TO LAWFUL
48 SANCTION.
49 (C) "IMPROPER TREATMENT" MEANS (I) CRUEL AND UNUSUAL; OR CRUEL, INHU-
50 MAN OR DEGRADING, TREATMENT OR PUNISHMENT AS DEFINED BY APPLICABLE
51 INTERNATIONAL TREATIES AND THEIR CORRESPONDING INTERPRETING BODIES; OR
52 CRUEL AND UNUSUAL PUNISHMENT AS DEFINED IN THE UNITED STATES CONSTITU-
53 TION OR THE NEW YORK STATE CONSTITUTION; OR (II) ANY VIOLATION OF SUBDI-
54 VISION THREE OR FOUR OF THIS SECTION.
55 (D) "PRISONER" MEANS ANY PERSON WHO IS SUBJECT TO PUNISHMENT,
56 DETENTION, INCARCERATION, INTERROGATION, INTIMIDATION OR COERCION,
S. 4495--A 3
1 REGARDLESS OF WHETHER SUCH ACTION IS PERFORMED OR COMMITTED BY A GOVERN-
2 MENT OR NON-GOVERNMENT ACTOR, ENTITY, OR OFFICIAL; UNDER COLOR OF LAW;
3 OR NOT UNDER COLOR OF LAW.
4 (E) TO "ADVERSELY AFFECT" A PERSON'S PHYSICAL OR MENTAL HEALTH OR
5 CONDITION DOES NOT INCLUDE CAUSING ADVERSE EFFECTS THAT MAY ARISE FROM
6 TREATMENT OR CARE WHEN THAT TREATMENT OR CARE IS PERFORMED IN ACCORDANCE
7 WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AND
8 FOR THE PURPOSES OF EVALUATING, TREATING, PROTECTING OR IMPROVING THE
9 PERSON'S HEALTH.
10 2. KNOWLEDGE. IT SHALL BE AN ELEMENT OF ANY VIOLATION OF THIS SECTION
11 THAT THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THE NATURE OF HIS OR
12 HER CONDUCT. IF A HEALTH CARE PROFESSIONAL WHO OPERATES IN A CLOSED
13 INSTITUTION SUCH AS A JAIL OR OTHER DETENTION FACILITY, POLICE FACILITY,
14 PRISON, OR PSYCHIATRIC OR MILITARY FACILITY, IS NOT GIVEN ACCESS BY THE
15 INSTITUTION TO THE INFORMATION NECESSARY TO ASCERTAIN WHETHER TORTURE OR
16 IMPROPER TREATMENT HAS OCCURRED, IS OCCURRING OR WILL OCCUR, IN ORDER TO
17 ASSESS THE NATURE OF HIS OR HER CONDUCT AS COVERED BY THIS SECTION, THE
18 HEALTH CARE PROFESSIONAL MUST PRESUME THAT THE PRISONER FACES RISK OF
19 TORTURE OR IMPROPER TREATMENT.
20 3. GENERAL OBLIGATIONS OF HEALTH CARE PROFESSIONALS. (A) EVERY HEALTH
21 CARE PROFESSIONAL SHALL PROVIDE EVERY PRISONER UNDER HIS OR HER PROFES-
22 SIONAL CARE WITH CARE OR TREATMENT CONSISTENT WITH GENERALLY APPLICABLE
23 LEGAL, HEALTH AND PROFESSIONAL STANDARDS AS THE HEALTH CARE PROFESSIONAL
24 IS REASONABLY ABLE TO PROVIDE UNDER THE CIRCUMSTANCES, INCLUDING
25 PROTECTION OF THE CONFIDENTIALITY OF PATIENT INFORMATION.
26 (B) IN ALL CLINICAL ASSESSMENTS RELATING TO A PRISONER, WHETHER FOR
27 THERAPEUTIC OR EVALUATIVE PURPOSES, HEALTH CARE PROFESSIONALS SHALL
28 EXERCISE THEIR PROFESSIONAL JUDGMENT INDEPENDENT OF THE INTERESTS OF A
29 GOVERNMENT OR OTHER THIRD PARTY.
30 4. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PROHIBITED. (A) NO
31 HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR SKILLS IN
32 RELATION TO, ENGAGE IN ANY PROFESSIONAL RELATIONSHIP WITH, OR PERFORM
33 PROFESSIONAL SERVICES IN RELATION TO ANY PRISONER WHERE THE PURPOSE IS
34 NOT TO EVALUATE, TREAT, PROTECT, OR IMPROVE THE PHYSICAL OR MENTAL
35 HEALTH OR CONDITION OF THE PRISONER (EXCEPT AS PERMITTED BY PARAGRAPH
36 (B) OF SUBDIVISION FIVE OF THIS SECTION).
37 (B) NO HEALTH CARE PROFESSIONAL SHALL ENGAGE, DIRECTLY OR INDIRECTLY,
38 IN ANY ACT WHICH CONSTITUTES PARTICIPATION IN, COMPLICITY IN, INCITEMENT
39 TO, ASSISTANCE IN, PLANNING OR DESIGN OF, OR ATTEMPT OR CONSPIRACY TO
40 COMMIT TORTURE OR IMPROPER TREATMENT OF A PRISONER. PROHIBITED FORMS OF
41 ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
42 (I) PROVIDING MEANS OR KNOWLEDGE WITH THE INTENT TO FACILITATE THE
43 PRACTICE OF TORTURE OR IMPROPER TREATMENT;
44 (II) PERMITTING HIS OR HER KNOWLEDGE OR CLINICAL FINDINGS OR TREATMENT
45 TO BE USED IN THE PROCESS OF TORTURE OR IMPROPER TREATMENT;
46 (III) EXAMINING, EVALUATING, OR TREATING A PRISONER TO CERTIFY WHETHER
47 TORTURE OR IMPROPER TREATMENT CAN BEGIN OR BE RESUMED;
48 (IV) BEING PRESENT WHILE TORTURE OR IMPROPER TREATMENT IS BEING ADMIN-
49 ISTERED;
50 (V) OMITTING INDICATIONS OF TORTURE OR IMPROPER TREATMENT FROM RECORDS
51 OR REPORTS; AND
52 (VI) ALTERING HEALTH CARE RECORDS OR REPORTS TO HIDE, MISREPRESENT OR
53 DESTROY EVIDENCE OF TORTURE OR IMPROPER TREATMENT.
54 (C) NO HEALTH CARE PROFESSIONAL SHALL APPLY HIS OR HER KNOWLEDGE OR
55 SKILLS OR PERFORM ANY PROFESSIONAL SERVICE IN ORDER TO ASSIST IN THE
56 PUNISHMENT, DETENTION, OR INCARCERATION, INTERROGATION, INTIMIDATION, OR
S. 4495--A 4
1 COERCION OF A PRISONER WHEN SUCH ASSISTANCE IS PROVIDED IN A MANNER THAT
2 MAY ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF THE
3 PRISONER (EXCEPT AS PERMITTED BY PARAGRAPH (A) OR (B) OF SUBDIVISION
4 FIVE OF THIS SECTION).
5 (D) NO HEALTH CARE PROFESSIONAL SHALL PARTICIPATE IN THE INTERROGATION
6 OF A PRISONER, INCLUDING BEING PRESENT IN THE INTERROGATION ROOM, ASKING
7 OR SUGGESTING QUESTIONS, ADVISING ON THE USE OF SPECIFIC INTERROGATION
8 TECHNIQUES, MONITORING THE INTERROGATION, OR MEDICALLY OR PSYCHOLOGICAL-
9 LY EVALUATING A PERSON FOR THE PURPOSE OF IDENTIFYING POTENTIAL INTERRO-
10 GATION METHODS OR STRATEGIES. HOWEVER, THIS PARAGRAPH SHALL NOT BAR A
11 HEALTH CARE PROFESSIONAL FROM ENGAGING IN CONDUCT UNDER PARAGRAPH (C) OF
12 SUBDIVISION FIVE OF THIS SECTION.
13 5. CERTAIN CONDUCT OF HEALTH CARE PROFESSIONALS PERMITTED. A HEALTH
14 CARE PROFESSIONAL MAY ENGAGE IN THE FOLLOWING CONDUCT SO LONG AS IT DOES
15 NOT VIOLATE SUBDIVISION THREE OR FOUR OF THIS SECTION, IT DOES NOT
16 ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF A PRISON-
17 ER OR POTENTIAL SUBJECT, AND IS NOT OTHERWISE UNLAWFUL:
18 (A) APPROPRIATELY PARTICIPATING OR AIDING IN THE INVESTIGATION, PROSE-
19 CUTION, OR DEFENSE OF A CRIMINAL, ADMINISTRATIVE OR CIVIL MATTER;
20 (B) PARTICIPATING IN AN ACT THAT RESTRAINS A PRISONER OR TEMPORARILY
21 ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF A PRISONER, WHERE THE ACT
22 COMPLIES WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STAND-
23 ARDS, IS NECESSARY FOR THE PROTECTION OF THE PHYSICAL OR MENTAL HEALTH,
24 CONDITION OR SAFETY OF THE PRISONER, OTHER PRISONERS, OR PERSONS CARING
25 FOR, GUARDING OR CONFINING THE PRISONER;
26 (C) TRAINING RELATED TO THE FOLLOWING PURPOSES, SO LONG AS IT IS NOT
27 PROVIDED IN SUPPORT OF SPECIFIC ONGOING OR ANTICIPATED INTERROGATIONS:
28 (I) RECOGNIZING AND RESPONDING TO PERSONS WITH PHYSICAL OR MENTAL
29 ILLNESS OR CONDITIONS,
30 (II) THE POSSIBLE PHYSICAL AND MENTAL EFFECTS OF PARTICULAR TECHNIQUES
31 AND CONDITIONS OF INTERROGATION, OR
32 (III) THE DEVELOPMENT OF EFFECTIVE INTERROGATION STRATEGIES.
33 6. DUTY TO REPORT. A HEALTH CARE PROFESSIONAL WHO HAS REASONABLE
34 GROUNDS (NOT BASED SOLELY ON PUBLICLY AVAILABLE INFORMATION) TO BELIEVE
35 THAT TORTURE, IMPROPER TREATMENT OR OTHER CONDUCT IN VIOLATION OF THIS
36 SECTION HAS OCCURRED, IS OCCURRING, OR WILL OCCUR SHALL, AS SOON AS IS
37 POSSIBLE WITHOUT JEOPARDIZING THE PHYSICAL SAFETY OF HIMSELF OR HERSELF,
38 THE PRISONER, OR INNOCENT PARTIES, REPORT SUCH CONDUCT TO:
39 (A) A GOVERNMENT AGENCY THAT THE HEALTH CARE PROFESSIONAL REASONABLY
40 BELIEVES HAS LEGAL AUTHORITY TO PUNISH OR PREVENT THE CONTINUATION OF
41 TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN VIOLATION
42 OF THIS SECTION AND IS REASONABLY LIKELY TO ATTEMPT TO DO SO; OR
43 (B) A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY THAT THE HEALTH CARE
44 PROFESSIONAL REASONABLY BELIEVES WILL NOTIFY SUCH A GOVERNMENT AGENCY OF
45 THE TORTURE OR THE IMPROPER TREATMENT OF A PRISONER OR CONDUCT IN
46 VIOLATION OF THIS SECTION OR TAKE OTHER ACTION TO PUBLICIZE OR PREVENT
47 SUCH TORTURE, TREATMENT OR CONDUCT; OR
48 (C) IN THE CASE OF AN ALLEGED VIOLATION BY A HEALTH CARE PROFESSIONAL
49 LICENSED UNDER ARTICLES ONE HUNDRED THIRTY-ONE OR ONE HUNDRED
50 THIRTY-ONE-B OF THE EDUCATION LAW, A REPORT MAY BE FILED WITH THE OFFICE
51 OF PROFESSIONAL MEDICAL CONDUCT. IN THE CASE OF AN ALLEGED VIOLATION BY
52 ANY OTHER HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF THE
53 EDUCATION LAW, A REPORT MAY BE FILED WITH THE OFFICE OF PROFESSIONAL
54 DISCIPLINE.
S. 4495--A 5
1 7. MITIGATION. THE FOLLOWING MAY BE CONSIDERED IN FULL OR PARTIAL
2 MITIGATION OF A VIOLATION OF THIS SECTION BY THE HEALTH CARE PROFES-
3 SIONAL:
4 (A) COMPLIANCE WITH SUBDIVISION SIX OF THIS SECTION; OR
5 (B) COOPERATION IN GOOD FAITH WITH AN INVESTIGATION OF A VIOLATION OF
6 THIS SECTION.
7 8. APPLICABILITY. THIS SECTION SHALL APPLY TO CONDUCT TAKING PLACE
8 WITHIN OR OUTSIDE NEW YORK STATE, AND WITHOUT REGARD TO WHETHER THE
9 CONDUCT IS COMMITTED BY A GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY, OFFI-
10 CIAL, OR ACTOR OR UNDER ACTUAL OR ASSERTED COLOR OF LAW.
11 9. SCOPE OF PRACTICE NOT EXPANDED. THIS SECTION SHALL NOT BE CONSTRUED
12 TO EXPAND THE LAWFUL SCOPE OF PRACTICE OF ANY HEALTH CARE PROFESSIONAL.
13 S 3. Section 6509 of the education law is amended by adding a new
14 subdivision 15 to read as follows:
15 (15) ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW
16 (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
17 BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
18 S 4. Section 6530 of the education law is amended by adding a new
19 subdivision 50 to read as follows:
20 50. ANY VIOLATION OF SECTION TWENTY-TWO OF THE PUBLIC HEALTH LAW
21 (RELATING TO PARTICIPATION IN TORTURE OR IMPROPER TREATMENT OF PRISONERS
22 BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
23 S 5. Paragraphs (b) and (c) of subdivision 2 of section 740 of the
24 labor law, as added by chapter 660 of the laws of 1984, are amended and
25 a new paragraph (d) is added to read as follows:
26 (b) provides information to, or testifies before, any public body
27 conducting an investigation, hearing or inquiry into any such violation
28 of a law, rule or regulation by such employer; [or]
29 (c) objects to, or refuses to participate in any such activity, policy
30 or practice in violation of a law, rule or regulation[.]; OR
31 (D) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-TWO
32 OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OR
33 IMPROPER TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS), SUBJECT
34 TO MITIGATION UNDER THAT SECTION.
35 S 6. Paragraphs (a) and (b) of subdivision 2 of section 741 of the
36 labor law, as added by chapter 24 of the laws of 2002, are amended and a
37 new paragraph (c) is added to read as follows:
38 (a) discloses or threatens to disclose to a supervisor, or to a public
39 body an activity, policy or practice of the employer or agent that the
40 employee, in good faith, reasonably believes constitutes improper quali-
41 ty of patient care; [or]
42 (b) objects to, or refuses to participate in any activity, policy or
43 practice of the employer or agent that the employee, in good faith,
44 reasonably believes constitutes improper quality of patient care[.]; OR
45 (C) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-TWO
46 OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OR IMPROPER TREATMENT
47 OF PRISONERS BY HEALTH CARE PROFESSIONALS), SUBJECT TO MITIGATION UNDER
48 THAT SECTION.
49 S 7. Severability. If any provision of this act, or any application of
50 any provision of this act, is held to be invalid, that shall not affect
51 the validity or effectiveness of any other provision of this act or any
52 other application of any provision of this act.
53 S 8. This act shall take effect on the first of January next succeed-
54 ing the date on which it shall have become a law.
