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A01076 Summary:

A01076 Actions:

A01076 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1076
 
SPONSOR: Pretlow

 
TITLE OF BILL:  An act to amend the public health law, in relation to
requiring hospitals to provide DNA testing of newborns or take blood
samples from newborns for future DNA testing
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This bill will require hospitals to offer DNA testing of newborns or
take blood. samples from newborns for future DNA testing.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Amends the public health law by adding a new section 2500-h which will
reware hospitals to offer DNA testing of newborns or take blood samples
from newborns for future DNA testing.  Every hospital shall provide
written notice of the provisions of this section to the mother of every
child born in a hospital within twenty-four hours of the birth.
 
 
JUSTIFICATION:
 
DNA testing has become a pioneer in the use of DNA as a form of iden-
tification. Recent tragedies of child molestation, abuse and mutilation,
have prompted various states, such as Florida, to encourage hospitals to
offer parents not only footprints of their children but also samples of
their children's blood. These samples, like all substances of the body,
carry the child's genetic blueprint, or DNA, in an attempt to better
trace those who fall victim to violent crimes.
 
The recent tragedy of the slaying of a 12-year-old Yonkers boy who could
not be Identified for days until dental records verified his identity is
an example where DNA would have better traced his identity.

This particular DNA testing would only be performed if the child's moth-
er and father, if such father is readily identifiable and available,
consent in writing to have a DNA test performed on their child or have a
blood sample taken from the child for future DNA testing.
 
Such a program would allow the child, or her/his body, to be identified
should she/he ever be switched with another baby, abducted, murdered or
mutilated beyond recognition_ This is a first step to make the option
available to newborns' parents. Eventually the program could be expanded
to include older children and parents of all children.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2015/2016 A1736 referred to health
2013-13 A 3969 referred to health
2009/2010  A4974 referred to health
A.10862 (1999-2000),
A.1034 (2001-02),
A.504 (2003-04),
A.2768 (2005-06).
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
Minimal.
 
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however, that any
rules or regulations necessary for the timely implementation of this act
are authorized and directed to be promulgated on or before such date.

A01076 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1076
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the public health law, in relation to  requiring  hospi-
          tals  to  provide  DNA  testing of newborns or take blood samples from
          newborns for future DNA testing
 
          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  2500-l to read as follows:
     3    § 2500-l. DNA testing of  newborns.  1.  Every  general  or  obstetric
     4  hospital  shall  provide  DNA  testing of newborns or take blood samples
     5  from newborns and preserve such samples in a manner that DNA testing may
     6  be performed thereon in the future. Such  testing  or  taking  of  blood
     7  shall only be performed if the child's mother and father, if such father
     8  is  readily identifiable and available, consent in writing to have a DNA
     9  test performed on their child or have a  blood  sample  taken  from  the
    10  child for future DNA testing.
    11    2. Every general or obstetric hospital shall provide written notice of
    12  the provisions of this section to the mother of every child born in such
    13  hospital within twenty-four hours of the birth.
    14    3.  The commissioner shall promulgate any rules and regulations neces-
    15  sary to implement the provisions of this section.
    16    4. For the purposes of this section, "DNA" shall mean deoxyribonucleic
    17  acid.
    18    § 2. This act shall take effect on the first of January next  succeed-
    19  ing the date on which it shall have become a law.  Effective immediately
    20  that  any  rules and regulations necessary for the timely implementation
    21  of this act on its effective date are authorized to be promulgated on or
    22  before such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04449-01-7