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NY A04863
Bill
Status
2/24/2023
Primary Sponsor
Anna Kelles
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AI Summary
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Prohibits New York-licensed health care professionals (including doctors, nurses, therapists, psychologists, and 20+ other licensed professions) from knowingly, recklessly, or negligently participating in torture or improper treatment of incarcerated individuals, whether conduct occurs in or outside New York state.
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Defines "torture" as intentional acts causing severe physical or mental pain for purposes such as obtaining information, punishment, retaliation, intimidation, or coercion, and applies regardless of whether committed by government or non-government actors.
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Defines "improper treatment" as cruel, inhuman, or degrading treatment; physical brutality; improper use of force; deprivation of food, water, hygiene materials, or basic needs; and violations of applicable international treaties and New York law.
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Prohibits health care professionals from participating in interrogations of incarcerated individuals, including being present during interrogations or evaluating individuals to identify interrogation methods (with limited exceptions for minors and criminal defense purposes).
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Requires health care professionals with reasonable grounds to believe torture or improper treatment is occurring to report violations to appropriate government agencies and file complaints with the Office of Professional Medical Conduct or Office of Professional Discipline within 30 days; effective January 1 following enactment.
Legislative Description
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.
Last Action
referred to higher education
1/3/2024