Right to Know (aka R2K) Laws

Dominic Wilson at Oxford chastises the United States for enacting laws that "should not be."  He finds it "astounding that a state" -- he focuses on New York -- "feels that it is necessary to legislate to make doctors do what they should be doing anyway."  After all, Wilkinson notes, "the United States has enshrined autonomy as the keystone of medical ethics." 

Alas, common law duties of informed consent have not proven sufficient to induce physicians to discuss end-of-life options with patients.  Sure, New York's new "right to know" or R2K law is awkward (and perhaps offensive to healthcare providers) in that it legislates the content of the physician-patient relationship.  But the failure to empower patients about these very important decisions is so widespread that legislation has become necessary.  

New York joins California and Vermont, which also have R2K laws:

• N.Y. A.B. 7617 (2009) (Gottfried), enacted as Ch. 331, codified at N.Y. Pub. Health Law 2997-C.


• Cal. A.B. 2747 (2009) (Berg), codified at Cal. Health & Safety Code § 442.5.


• Vt. H.B. 435 (2009) (Patient Bill of Rights for Palliative Care and Pain Management), enacted as Vt. Laws No. 25, codified at Vt. Stat. tit. 18 § 1871

Bills have been introduced in other states, Including Arizona and Maryland:

• Ariz. S.B. 1311, 49^th Leg. (2009).


• Md. H.B. 30 (2009) (Bobo & Manno)