Bill Text: NY S06616 | 2023-2024 | General Assembly | Amended
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 7-0)
Status: (Introduced) 2024-05-20 - PRINT NUMBER 6616A [S06616 Detail]
Download: New_York-2023-S06616-Amended.html
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. LBD08299-06-4S. 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.
