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Relates to the provision of informed consent
(D, WF) 33rd Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Nov 21, 2022 | signed chap.618 delivered to governor |
| May 17, 2022 | returned to senate passed assembly |
| May 04, 2022 | ordered to third reading cal.576 substituted for a9677 |
| Mar 10, 2022 | referred to health delivered to assembly passed senate |
| Mar 02, 2022 | amended on third reading 1172c |
| Jan 18, 2022 | advanced to third reading |
| Jan 12, 2022 | 2nd report cal. |
| Jan 11, 2022 | 1st report cal.111 |
| Jan 05, 2022 | referred to health returned to senate died in assembly |
| Jun 01, 2021 | referred to health returned to assembly repassed senate |
| May 25, 2021 | amended on third reading 1172b |
| May 24, 2021 | amended on third reading 1172a |
| May 24, 2021 | vote reconsidered - restored to third reading |
| May 20, 2021 | returned to senate recommitted to health substitution reconsidered recalled from assembly |
| May 10, 2021 | ordered to third reading cal.317 substituted for a4954 |
| Feb 02, 2021 | referred to health delivered to assembly passed senate |
| Jan 25, 2021 | advanced to third reading |
| Jan 20, 2021 | 2nd report cal. |
| Jan 19, 2021 | 1st report cal.107 |
| Jan 07, 2021 | referred to health |
(D, WF) 31st Senate District
(D) 20th Senate District
See Assembly Version of this Bill: A9677 Law Section: Public Health Law Laws Affected: Amd §2803, Pub Health L Versions Introduced in Other Legislative Sessions: 2013-2014: S7550
2015-2016: S1424
2017-2018: S168
2019-2020: S1029
Expands requirements for the provision of informed consent.
BILL NUMBER: S1172 SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to the provision of informed consent PURPOSE: To include within the hospital patient's bill of rights additional provisions which clearly state a patient's right to receive certain information so that they can in turn consent. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 2803 (g) of the public health law, to update the patient's bill of rights that general hospitals are required to provide to patients, to include (1) the right to receive all information necessary to provide informed consent for a proposed proce- dure or treatment and alternate treatment options including the possible
risks and benefits taking into account any known preconditions, (2) the right to be informed of the name, position and functions of any hospital staff including medical students an physicians exempt from NYS licensure who are involved in a patient's care and refuse their treat- ment, examination or observation; and (3) a right to be informed of any human research and to voluntarily provide written informed consent to participate. Section 2 of the bill provides an effective date. JUSTIFICATION: Health care is extraordinarily complex. It is also an industry where the difference in knowledge and understanding between the health provider and patients are usually vast. It is therefore critical that health care providers impart adequate information in a manner that a patient can understand so that he or she can effectively exercise the right to make informed decisions about the plan of care, medical or surgical inter- ventions, care after discharge, etc. In other words, easy-to-understand Health forms and accompanying information are crucial. Hospitals are already required to provide patients with a standardized, clearly stated patient bill of rights to help inform them. By clearly stating and including important rights around informed consent in this document, patients will be better informed and, thus, the important discussions around treatment and procedures is much more likely to take place between patient and provider. Fully informing patients of their options and obtaining their consent based upon that information is imperative, and this legislation will help to inform patients so they can make the very best health care decisions with their providers. LEGISLATIVE HISTORY: The original bill, S1029 of 2019, took a different approach to address- ing informed consent by creating a new Article in the public health law. This amended version of the bill preserves those protections identified in the original bill, and clearly articulates those rights in the exist- ing hospital patient's bill of rights. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: January 1st next succeeding enactment.
S T A T E O F N E W Y O R K ________________________________________________________________________ 1172 2021-2022 Regular Sessions I N S E N A T E January 7, 2021 ___________ Introduced by Sen. RIVERA -- 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 the provision of informed consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (g) of subdivision 1 of section 2803 of the public health law, as added by chapter 2 of the laws of 1988, is amended to read as follows: (g) The commissioner shall require that every general hospital adopt and make public an identical statement of the rights and responsibil- ities of patients, including, BUT NOT LIMITED TO: (I) a patient complaint and quality of care review process[,]; (II) A RIGHT TO RECEIVE ALL INFORMATION NECESSARY TO GIVE INFORMED CONSENT FOR ANY PROPOSED PROCEDURE OR TREATMENT, AND ALTERNATE TREATMENT OPTIONS INCLUDING THE POSSIBLE RISKS AND BENEFITS OF THE PROCEDURE OR TREATMENT TAKING INTO CONSIDERATION ANY KNOWN PRECONDITIONS; (III) A RIGHT TO BE INFORMED OF THE NAME, POSITION AND FUNCTIONS OF ANY HOSPITAL STAFF INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM NEW YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY- SIX OF THE EDUCATION LAW, INVOLVED IN A PATIENT'S CARE AND REFUSE THEIR TREATMENT, EXAMINATION OR OBSERVATION; (IV) A RIGHT TO BE INFORMED OF ANY HUMAN RESEARCH AND TO VOLUNTARILY PROVIDE WRITTEN INFORMED CONSENT TO PARTICIPATE; (V) a right to an appropriate patient discharge plan and for patients other than beneficiaries of title XVIII of the federal social security act (medicare); AND (VI) a right to a discharge review in accordance with section twenty- eight hundred three-i of this article. The form and content of such statement shall be determined in accordance with rules and regulations adopted by the council and approved by the commissioner. A patient who EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD05310-01-1 S. 1172 2 requires continuing health care services in accordance with such patient's discharge plan may not be discharged until such services are secured or determined by the hospital to be reasonably available to the patient. Each general hospital shall give a copy of the statement to each patient, or the appointed personal representative of the patient at or prior to the time of admission to the general hospital, as long as the patient or the appointed personal representative of the patient receives such notice no earlier than fourteen days before admission. Such statement shall also be conspicuously posted by the hospital and shall be a part of the patient's admission package. Nothing herein contained shall be construed to limit any authority vested in the commissioner pursuant to this article related to the operation of hospi- tals and care and services provided to patients. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
(D, WF) 31st Senate District
(D) 20th Senate District
See Assembly Version of this Bill: A9677 Law Section: Public Health Law Laws Affected: Amd §2803, Pub Health L Versions Introduced in Other Legislative Sessions: 2013-2014: S7550
2015-2016: S1424
2017-2018: S168
2019-2020: S1029
Expands requirements for the provision of informed consent.
BILL NUMBER: S1172A SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to the provision of informed consent PURPOSE: To include within the hospital patient's bill of rights additional provisions which clearly state a patient's right to receive certain information so that they can in turn consent. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 2803 (g) of the public health law, to update the patient's bill of rights, that general hospitals are required to provide to patients, to include (1) the right to receive all information necessary to provide informed consent for a proposed proce- dure or treatment and alternate treatment options including the possible risks and benefits taking into account any known preconditions, (2) the
right to be informed of the name, position and functions of any hospital staff including medical students and physicians exempt from NYS licen- sure who are provide face-to-face care to a patient and refuse their treatment, examination or observation; and (3) a right to be informed of any human subjects research that impacts a procedure or treatment received by the patient and to voluntarily provide written informed consent to participate. Section 2 of the bill provides an effective date. JUSTIFICATION: Health care is extraordinarily complex. It is also an industry where the difference in knowledge and understanding between the health provider and patients are usually vast. It is therefore critical that health care providers impart adequate information in a manner that a patient can understand so that he or she can effectively exercise the right to make informed decisions about the plan of care, medical or surgical inter- ventions, care after discharge, etc. In other words, easy-to-understand Health forms and accompanying information are crucial. Hospitals are already required to provide patients with a standardized, clearly stated patient bill of rights to help inform them. By clearly stating and including important rights around informed consent in this document, patients will be better informed and, thus, the important discussions around treatment and procedures is much more likely to take place between patient and provider. Fully informing patients of their options and obtaining their consent based upon that information is imperative, and this legislation will help to inform patients so they can make the very best health care decisions with their providers. LEGISLATIVE HISTORY: The original bill, S.1029 of 2019, took a different approach to address- ing informed consent by creating a new Article in the public health law. This amended version of the bill preserves those protections identified in the original bill, and clearly articulates those rights in the exist- ing hospital patient's bill of rights. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: January 1st next succeeding enactment.
S T A T E O F N E W Y O R K ________________________________________________________________________ 1172--A Cal. No. 107 2021-2022 Regular Sessions I N S E N A T E January 7, 2021 ___________ Introduced by Sens. RIVERA, JACKSON, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to the provision of informed consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (g) of subdivision 1 of section 2803 of the public health law, as added by chapter 2 of the laws of 1988, is amended to read as follows: (g) The commissioner shall require that every general hospital adopt and make public an identical statement of the rights and responsibil- ities of patients, including, BUT NOT LIMITED TO: (I) a patient complaint and quality of care review process[,]; (II) A RIGHT TO RECEIVE ALL INFORMATION NECESSARY TO GIVE INFORMED CONSENT FOR ANY PROPOSED PROCEDURE OR TREATMENT, AND ALTERNATE TREATMENT OPTIONS INCLUDING THE POSSIBLE RISKS AND BENEFITS OF THE PROCEDURE OR TREATMENT TAKING INTO CONSIDERATION ANY KNOWN PRECONDITIONS; (III) A RIGHT TO BE INFORMED OF THE NAME, POSITION AND FUNCTIONS OF ANY HOSPITAL STAFF INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM NEW YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY- SIX OF THE EDUCATION LAW, WHO PROVIDE FACE-TO-FACE CARE TO THE PATIENT, AND REFUSE THEIR TREATMENT, EXAMINATION OR OBSERVATION, IN ACCORDANCE WITH APPLICABLE LAW; (IV) A RIGHT TO BE INFORMED OF ANY HUMAN SUBJECTS RESEARCH THAT DIRECTS OR ALTERS A PROCEDURE OR TREATMENT TO BE RECEIVED BY THE PATIENT AND TO VOLUNTARILY PROVIDE WRITTEN INFORMED CONSENT TO PARTICIPATE, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD05310-02-1 S. 1172--A 2 EXCEPT AS MAY OTHERWISE BE APPROVED BY A COMMITTEE RESPONSIBLE FOR SAFE- GUARDING THE RIGHTS AND WELFARE OF THE RESEARCH PARTICIPANTS AT THE HOSPITAL IN ACCORDANCE WITH APPLICABLE LAW; (V) a right to an appropriate patient discharge plan and for patients other than beneficiaries of title XVIII of the federal social security act (medicare); AND (VI) a right to a discharge review in accordance with section twenty- eight hundred three-i of this article. The form and content of such statement shall be determined in accordance with rules and regulations adopted by the council and approved by the commissioner. A patient who requires continuing health care services in accordance with such patient's discharge plan may not be discharged until such services are secured or determined by the hospital to be reasonably available to the patient. Each general hospital shall give a copy of the statement to each patient, or the appointed personal representative of the patient at or prior to the time of admission to the general hospital, as long as the patient or the appointed personal representative of the patient receives such notice no earlier than fourteen days before admission. Such statement shall also be conspicuously posted by the hospital and shall be a part of the patient's admission package. Nothing herein contained shall be construed to limit any authority vested in the commissioner pursuant to this article related to the operation of hospi- tals and care and services provided to patients. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
(D, WF) 31st Senate District
(D) 20th Senate District
See Assembly Version of this Bill: A9677 Law Section: Public Health Law Laws Affected: Amd §2803, Pub Health L Versions Introduced in Other Legislative Sessions: 2013-2014: S7550
2015-2016: S1424
2017-2018: S168
2019-2020: S1029
Expands requirements for the provision of informed consent.
BILL NUMBER: S1172B SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to the provision of informed consent PURPOSE: To include within the hospital patient's bill of rights additional provisions which clearly state a patient's right to receive certain information so that they can in turn consent. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 2803 (g) of the public health law, to update the patient's bill of rights, that general hospitals are required to provide to patients, to include (1) the right to receive all information necessary to give informed consent for a proposed procedure or treatment and alternate treatment options including the possible
risks and benefits taking into account any known preconditions, (2) the right to be informed of the name, position and functions of any hospital staff including medical students and physicians exempt from NYS licen- sure who provide face-to-face care to a patient and refuse their treat- ment, examination or direct observation; and (3) a right to be informed of any human subjects research that may directly affect a procedure or treatment received by the patient and to provide voluntary written informed consent to participate. Section 2 of the bill provides an effective date. JUSTIFICATION: Health care is extraordinarily complex. It is also an industry where the difference in knowledge and understanding between the health provider and patients are usually vast. It is therefore critical that health care providers impart adequate information in a manner that a patient can understand so that he or she can effectively exercise the right to make informed decisions about the plan of care, medical or surgical inter- ventions, care after discharge, etc. In other words, easy-to-understand Health forms and accompanying information are crucial. Hospitals are already required to provide patients with a standardized, clearly stated patient bill of rights to help inform them. By clearly stating and including important rights around informed consent in this document, patients will be better informed and, thus, the important discussions around treatment and procedures is much more likely to take place between patient and provider. Fully informing patients of their options and obtaining their consent based upon that information is imperative, and this legislation will help to inform patients so they can make the very best health care decisions with their providers. LEGISLATIVE HISTORY: The original bill, 51029 of 2019, took a different approach to address- ing informed consent by creating a new Article in the public health law. This amended version of the bill preserves those protections identified in the original bill, and clearly articulates those rights in the exist- ing hospital patient's bill of rights. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: January 1st next succeeding enactment.
S T A T E O F N E W Y O R K ________________________________________________________________________ 1172--B Cal. No. 107 2021-2022 Regular Sessions I N S E N A T E January 7, 2021 ___________ Introduced by Sens. RIVERA, JACKSON, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to the provision of informed consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (g) of subdivision 1 of section 2803 of the public health law, as added by chapter 2 of the laws of 1988, is amended to read as follows: (g) The commissioner shall require that every general hospital adopt and make public an identical statement of the rights and responsibil- ities of patients, IN ACCORDANCE WITH APPLICABLE LAW, including, BUT NOT LIMITED TO: (I) a patient complaint and quality of care review process[,]; (II) A RIGHT TO RECEIVE ALL INFORMATION NECESSARY TO GIVE INFORMED CONSENT FOR ANY PROPOSED PROCEDURE OR TREATMENT, AND ALTERNATE TREATMENT OPTIONS INCLUDING THE POSSIBLE RISKS AND BENEFITS OF THE PROCEDURE OR TREATMENT TAKING INTO CONSIDERATION ANY KNOWN PRECONDITIONS; (III) A RIGHT TO BE INFORMED OF THE NAME, POSITION AND FUNCTIONS OF ANY HOSPITAL STAFF INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM NEW YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY- SIX OF THE EDUCATION LAW, WHO PROVIDE FACE-TO-FACE CARE TO OR DIRECT OBSERVATION OF THE PATIENT, AND REFUSE THEIR TREATMENT, EXAMINATION OR OBSERVATION; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD05310-04-1 S. 1172--B 2 (IV) A RIGHT TO BE INFORMED OF ANY HUMAN SUBJECTS RESEARCH THAT MAY DIRECTLY AFFECT A PROCEDURE OR TREATMENT TO BE RECEIVED BY THE PATIENT AND TO PROVIDE VOLUNTARY WRITTEN INFORMED CONSENT TO PARTICIPATE; (V) a right to an appropriate patient discharge plan and for patients other than beneficiaries of title XVIII of the federal social security act (medicare); AND (VI) a right to a discharge review in accordance with section twenty- eight hundred three-i of this article. The form and content of such statement shall be determined in accordance with rules and regulations adopted by the council and approved by the commissioner. A patient who requires continuing health care services in accordance with such patient's discharge plan may not be discharged until such services are secured or determined by the hospital to be reasonably available to the patient. Each general hospital shall give a copy of the statement to each patient, or the appointed personal representative of the patient at or prior to the time of admission to the general hospital, as long as the patient or the appointed personal representative of the patient receives such notice no earlier than fourteen days before admission. Such statement shall also be conspicuously posted by the hospital and shall be a part of the patient's admission package. Nothing herein contained shall be construed to limit any authority vested in the commissioner pursuant to this article related to the operation of hospi- tals and care and services provided to patients. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
(D, WF) 31st Senate District
(D) 20th Senate District
See Assembly Version of this Bill: A9677 Law Section: Public Health Law Laws Affected: Amd §2803, Pub Health L Versions Introduced in Other Legislative Sessions: 2013-2014: S7550
2015-2016: S1424
2017-2018: S168
2019-2020: S1029
Expands requirements for the provision of informed consent.
BILL NUMBER: S1172C SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to the provision of informed consent PURPOSE: To include within the hospital patient's bill of rights additional provisions which clearly state a patient's right to receive certain information so that they can in turn consent. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 2803 (g) of the public health law, to update the patient's bill of rights, that general hospitals are required to provide to patients, to include (1) the right to receive all information necessary to give informed consent for any proposed inter- vention, procedure or treatment including information regarding foresee- able risks and benefits of the proposed intervention, procedure or
treatment; (2) the right to receive complete information of a patient's condition, prognosis, and clinical indications for the proposed inter- vention, procedure, or treatment; (3) the right to be informed of the name, position and functions of any hospital staff including medical students and physicians exempt from NYS licensure who provide face-to- face care or direct observation to a patient; (4)the right to receive information related to alternative treatment options, including the risks and benefits of such treatment options that take into account any known preconditions; (5) the right to refuse the proposed intervention, procedure, or treatment and to be informed of the clinical effects of refusal; (6)the right to engage and participate in the process of informed consent, including the patients right to ask any questions they might have and have them answered satisfactorily as deemed reasonable; and (7)the right to be informed of any human subjects research that may directly affect a procedure or treatment received by the patient and to provide voluntary written informed consent to participate, should the patient be an appropriate candidate for such research, as determined by the attending physician. Informed consent for such human subjects research shall conform with federal requirements related to protections for human research subjects, and any other applicable laws or regu- lations. Section 2 of the bill provides an effective date. JUSTIFICATION: Health care is extraordinarily complex. It is also an industry where the difference in knowledge and understanding between the health provider and patients are usually vast. It is therefore critical that health care providers impart adequate information in a manner that a patient can understand so that he or she can effectively exercise the right to make informed decisions about the plan of care, medical or surgical inter- ventions, care after discharge, etc. In other words, easy-to-understand Health forms and accompanying information are crucial. Hospitals are already required to provide patients with a standardized, clearly stated patient bill of rights to help inform them. By clearly stating and including important rights around informed consent in this document, patients will be better informed and, thus, the important discussions around treatment and procedures are much more likely to take place between patient and provider. Fully informing patients of their options and obtaining their consent based upon that information is imperative, and this legislation will help to inform patients so they can make the very best health care decisions with their providers. LEGISLATIVE HISTORY: The original bill, S1029 of 2019, took a different approach to address- ing informed consent by creating a new Article in the public health law. This amended version of the bill preserves those protections identified in the original bill, and clearly articulates those rights in the exist- ing hospital patient's bill of rights. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: January 1st next succeeding enactment.
S T A T E O F N E W Y O R K ________________________________________________________________________ 1172--C Cal. No. 111 2021-2022 Regular Sessions I N S E N A T E January 7, 2021 ___________ Introduced by Sens. RIVERA, JACKSON, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to the provision of informed consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (g) of subdivision 1 of section 2803 of the public health law, as added by chapter 2 of the laws of 1988, is amended to read as follows: (g) The commissioner shall require that every general hospital adopt and make public an identical statement of the rights and responsibil- ities of patients, IN ACCORDANCE WITH APPLICABLE LAW, including, BUT NOT LIMITED TO: (I) a patient complaint and quality of care review process[,]; (II) A RIGHT TO RECEIVE ALL INFORMATION NECESSARY TO GIVE INFORMED CONSENT FOR ANY PROPOSED INTERVENTION, PROCEDURE, OR TREATMENT, INCLUD- ING INFORMATION REGARDING THE FORESEEABLE AND CLINICALLY SIGNIFICANT RISKS AND BENEFITS OF THE PROPOSED INTERVENTION, PROCEDURE, OR TREAT- MENT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05310-07-2 S. 1172--C 2
(III) A RIGHT TO RECEIVE COMPLETE INFORMATION REGARDING THE PATIENT'S CONDITION, PROGNOSIS, AND CLINICAL INDICATIONS FOR THE PROPOSED INTER- VENTION, PROCEDURE, OR TREATMENT; (IV) A RIGHT TO RECEIVE INFORMATION REGARDING ALTERNATIVE TREATMENT OPTIONS INCLUDING THE FORESEEABLE AND CLINICALLY SIGNIFICANT RISKS AND BENEFITS OF SUCH ALTERNATIVE TREATMENT OPTIONS, TAKING INTO CONSIDER- ATION ANY KNOWN PRECONDITIONS; (V) A RIGHT TO BE INFORMED OF THE NAME, POSITION, AND FUNCTIONS OF ANY PERSONS, INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM NEW YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-SIX OF THE EDUCATION LAW, WHO PROVIDE FACE-TO-FACE CARE TO OR DIRECT OBSERVATION OF THE PATIENT; (VI) A RIGHT TO REFUSE THE PROPOSED INTERVENTION, PROCEDURE, OR TREAT- MENT AND TO BE INFORMED OF THE CLINICAL EFFECTS OF SUCH REFUSAL; (VII) A RIGHT TO MEANINGFULLY ENGAGE AND PARTICIPATE IN THE INFORMED CONSENT PROCESS, WHICH SHALL MEAN, BUT NOT BE LIMITED TO, AFFORDING THE PATIENT OR THEIR REPRESENTATIVE TIME TO ASK QUESTIONS AND HAVE THEM ANSWERED SATISFACTORILY TO THE EXTENT REASONABLE; (VIII) A RIGHT TO BE INFORMED OF ANY HUMAN SUBJECTS RESEARCH THAT THE ATTENDING PHYSICIAN TAKING CARE OF THE PATIENT PARTICIPATES IN AND MAY DIRECTLY AFFECT A PROCEDURE OR TREATMENT TO BE RECEIVED BY THE PATIENT, AND TO PROVIDE VOLUNTARY WRITTEN INFORMED CONSENT TO PARTICIPATE, SHOULD THE PATIENT BE AN APPROPRIATE CANDIDATE FOR SUCH HUMAN SUBJECTS RESEARCH IN THE CLINICAL JUDGMENT OF THE ATTENDING PHYSICIAN. THE INFORMED CONSENT REFERRED TO HERE SHALL CONFORM WITH FEDERAL REQUIREMENTS REGARD- ING PROTECTION FOR HUMAN RESEARCH SUBJECTS, AND ANY OTHER APPLICABLE LAWS OR REGULATIONS; (IX) a right to an appropriate patient discharge plan; and (X) for patients other than beneficiaries of title XVIII of the feder- al social security act (medicare), a right to a discharge review in accordance with section twenty-eight hundred three-i of this article. The form and content of such statement shall be determined in accordance with rules and regulations adopted by the council and approved by the commissioner. A patient who requires continuing health care services in accordance with such patient's discharge plan may not be discharged until such services are secured or determined by the hospital to be reasonably available to the patient. Each general hospital shall give a copy of the statement to each patient, or the appointed personal repre- sentative of the patient at or prior to the time of admission to the general hospital, as long as the patient or the appointed personal representative of the patient receives such notice no earlier than four- teen days before admission. Such statement shall also be conspicuously posted by the hospital and shall be a part of the patient's admission package. Nothing herein contained shall be construed to limit any authority vested in the commissioner pursuant to this article related to the operation of hospitals and care and services provided to patients. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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