New York S 7145: Prohibits participation in torture and improper treatment of incarcerated individuals by health care professionals
Status: RECOMMIT, ENACTING CLAUSE STRICKEN (as of 2025-05-12)
State: New York · Session: 2025-2026 · Bill: S 7145
Sponsors: Brad Hoylman-Sigal, Brian Kavanagh, Gustavo Rivera, Julia Salazar, Leroy Comrie, Liz Krueger, Luis R. Sepúlveda, Samra Brouk
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. - This bill is not active in this session. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript S07145 Summary: BILL NOS07145   SAME ASNo Same As   SPONSORHOYLMAN-SIGAL   COSPNSRBROUK, COMRIE, KAVANAGH, KRUEGER, RIVERA, SALAZAR, SEPULVEDA   MLTSPNSR   Add §25, Pub Health L; amd §§6509 & 6530, Ed L; amd §§740 & 741, Lab L   Prohibits participation in torture and improper treatment of incarcerated individuals by health care professionals; prohibits a health care professional from engaging, assisting or planning the torture or improper treatment of an incarcerated individual; requires health care professionals to report torture and improper treatment. Go to top S07145 Actions: BILL NOS07145   04/02/2025REFERRED TO HEALTH 05/12/2025RECOMMIT, ENACTING CLAUSE STRICKEN Go to topS07145 Committee Votes: Go to topS07145 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topS07145 Text: STATE OF NEW YORK ________________________________________________________________________ 7145 2025-2026 Regular Sessions IN SENATE April 2, 2025 ___________ Introduced by Sens. HOYLMAN-SIGAL, BROUK, COMRIE, KAVANAGH, KRUEGER, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 incarcerated individuals 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 incarcerated individuals, and related 5 matters. It is guided by two basic principles: (1) health care profes- 6 sionals shall be dedicated to providing the highest standard of health 7 care, with compassion and respect for human dignity and rights; and (2) 8 torture and improper treatment of incarcerated individuals are wrong and 9 inconsistent with the practice of the health care professions. The 10 legislature finds that the conduct prohibited by this act violates the 11 ethical and legal obligations of licensed health care professionals. 12 This legislation will further protect the professionalism of New York 13 state licensed health care professionals by authorizing and obligating 14 them to refuse to participate in torture and improper treatment of 15 incarcerated individuals, which in turn will protect the life and health 16 of the people of the state and those with whom New York licensed health 17 care professionals interact. A health care professional who comes to 18 the aid of an incarcerated individual should not be presumed to be in 19 violation when they are fulfilling the ethical principle of beneficence. 20 In contrast, a health care professional who, for example, attends to an 21 incarcerated individual in order to allow torture or improper treatment 22 to commence or continue is not acting beneficently. Such practices are 23 inconsistent with professional ethics and standards and are violations EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01712-01-5 S. 7145 2 1 of this legislation. The legislature is mindful that ordinarily there 2 are limits on New York state's jurisdiction relating to conduct outside 3 the state or under federal authority. However, it is proper for the 4 state to regulate health care professional licensure in relation to a 5 professional's conduct, even where the conduct occurs outside the state; 6 certain wrongful out-of-state conduct is already grounds for profes- 7 sional discipline. Therefore, it is the legislature's intent that this 8 legislation be applied to the fullest extent possible. 9 § 2. The public health law is amended by adding a new section 25 to 10 read as follows: 11 § 25. Participation in torture or improper treatment of incarcerated 12 individuals by health care professionals. 1. Definitions. As used in 13 this section, unless the context clearly requires
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