A00497 Summary:

BILL NO    A00497A

SAME AS    SAME AS S03134-A

SPONSOR    Paulin (MS)

COSPNSR    Schimel, Gottfried, Dinowitz, Jacobs, Jaffee, Rosenthal, Lavine,
           Steck

MLTSPNSR   Brook-Krasny, Perry, Russell, Wright

Amd S2305, Pub Health L

Provides treatment for sexually transmitted diseases to minors without a
parent's or guardian's consent; provides definition for health care
practitioner.
Go to top

A00497 Memo:

BILL NUMBER:A497A

TITLE OF BILL:  An act to amend the public health law, in relation to
providing medical care to minors for sexually transmitted diseases
without a parent's or guardian's consent

PURPOSE OR GENERAL IDEA OF BILL: To ensure that the diagnosis,
treatment, and prevention, including immunization, of a sexually
transmissible disease are available when most effective

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the heading and
subdivisions 1, 2 and 3 of section 2305 of the public health law. The
section amends subdivision 1 to provide that no person other than a
health care practitioner shall diagnose, treat or prescribe for a
person who is infected with a sexually transmissible disease, or who
has been exposed to infection with a sexually transmissible disease,
or dispense or sell a drug, medicine or remedy for the treatment of
such person except on prescription of a health care practitioner.
This section amends subdivision 2 to provide that a health care
practitioner may provide health care related to the prevention of a
sexually transmissible disease, including administering vaccines, to a
person under age eighteen without the consent or knowledge of his or
her parents or guardians provided such person has capacity to consent
to the care, without regard to the person's age, and the person
consents. Any release of patient information regarding vaccines
provided under this section shall be consistent with sections 17 and
18 of the public health law and other applicable laws and regulations.
This section one amends subdivision 3 by adding the definition of
"health care practitioner."

Section two provides the effective date.

JUSTIFICATION: Section 2305 of the public health law currently permits
a licensed physician or a staff physician in a hospital to diagnose or
treat persons under age 21 infected with a sexually transmissible
disease or exposed to infection with a sexually transmissible disease
without the consent or knowledge of the parents or guardians of such
persons. Yet current law does not allow young people the same access
to care to prevent sexually transmissible diseases. The Legislature
has recognized that it is critical to protecting the health of young
people to allow them to seek treatment of sexually transmitted
diseases without the consent of their parents or guardians because we
know that teens often do not seek parental consent because a request
for consent necessarily involves disclosing to parents that the teen
has engaged in sexual activity. The Legislature is aware that if teens
are not permitted to seek care and treatment of sexually transmissible
diseases, sexually transmissible diseases among many of our teens
would go untreated, severely impeding our ability to control the
spread of sexually transmissible diseases. This can be particularly
problematic in correctional settings where attempts to obtain parental
consent are often unsuccessful.

Regardless of setting, teens should not be limited to access to care
on a confidential basis after the fact, or after infection or
contraction of a sexually transmissible disease. Teens should have
access to confidential care before infection or contracting the


sexually transmissible disease, to prevent disease or life-threatening
illness such as cervical cancer and liver cancer.

This is particularly evident when we possess safe and effective means,
such as the human papillomavirus (HPV) and hepatitis B vaccines, to
prevent our teens from becoming infected with the viruses that cause
such cancers.

Approximately 99.7% of all cervical cancer cases are linked to certain
types of the HPV virus. According to the American Cancer Society,
approximately 3,700 people die from cervical cancer in the United
States every year. African American women and Hispanic women in the
U.S. are disproportionately impacted by cervical cancer. The HPV
vaccine, which has been approved by the U. S. Food and Drug
Administration for girls and women age 11 - 26, with routine
vaccination of 11 & 12 year old girls, is most effective when
administered before a person becomes sexually active. Generally, this
means administering the vaccine to persons under the age of eighteen.
Moreover, the vaccine is more effective if it is obtained before a
woman becomes sexually active.

Armed with this knowledge, young women have sought to be immunized
with the HPV vaccine. Planned Parenthood and several community health
centers testified at a Senate hearing a few years ago that young women
were coming into clinics and centers requesting the HPV vaccine. Yet
even though teens may receive family planning counseling and birth
control, terminate a pregnancy, and receive treatment for a sexually
transmissible disease, in each case without the consent of a parent or
guardian, those very teens cannot obtain the HPV vaccine without
parental consent.

Similarly, a teen cannot obtain the hepatitis B vaccine without
parental consent. The hepatitis B virus (HBV), a major cause of liver
disease, ranking as a substantial cause of cirrhosis and cancer of the
liver, is sexually transmitted. Persons with HBV infection have the
virus circulating in their blood, much like HIV, (HBV is approximately
100 times more contagious than HIV.) HBV infected persons either
recover from their infection in several months or they may remain
chronically infected for most of their life.

Although HBV is a common infection, it often goes unnoticed. Chronic
infection with HBV often goes undetected for 20 to 40 years until the
resulting liver disease makes the person ill. HBV can effectively
destroy the liver or stimulate the development of liver cancer in
someone who thinks he or she is completely well. Persons who become
chronically infected with HBV as adolescents or adults have a 15%
chance of dying from liver disease and are at high risk of death from
liver cancer, 4,000 to 5,000 people die in the United States each year
from hepatitis B.

It is imperative that we promote protection against often fatal
diseases to those who will most benefit from that protection. By
allowing health care professionals to administer immunization against
HPV, hepatitis B, and other sexually transmitted diseases to persons
under the age of eighteen without the consent or knowledge of a parent
or guardian, this legislation promotes the health and well being of
persons at a most critical juncture in their lives: prior to being


sexually active and prior to exposure to viruses we know are linked to
deadly diseases.

With this legislation, we can ensure that every person, regardless of
age, may receive the full range of reproductive and sexual health care
services, including prevention care, and where the person is under the
age of eighteen, if he or she has the capacity to consent and
consents.

PRIOR LEGISLATIVE HISTORY: A.343, 2011 and 2012 referred to health.
Same as S.384, 2011 and 2012 referred to health. A.6702C, 2009 amended
on third reading and 2010 referred to health. Same as S.97798, 2009
and 2010 referred to health. Similar to A9630, 2008 referred to
health.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: Immediately.
Go to top

A00497 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        497--A
                                                               Cal. No. 238

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A. PAULIN, SCHIMEL, GOTTFRIED, DINOWITZ, JACOBS,
         JAFFEE,  ROSENTHAL  --  Multi-Sponsored  by  --  M.  of  A.   BOYLAND,
         BROOK-KRASNY, RUSSELL, TITONE, WRIGHT -- read once and referred to the
         Committee  on  Health  -- reported from committee, advanced to a third
         reading, amended and ordered reprinted, retaining  its  place  on  the
         order of third reading

       AN  ACT to amend the public health law, in relation to providing medical
         care to minors for sexually transmitted diseases without a parent's or
         guardian's consent

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 2305 of the public health law, as amended by chap-
    2  ter 878 of the laws of 1980, the section heading and subdivisions 1  and
    3  2  as amended by section 35 of part E of chapter 56 of the laws of 2013,
    4  is amended to read as follows:
    5    S 2305. Sexually transmitted diseases; CARE AND treatment [by licensed
    6  physician or staff physician of a hospital; prescriptions];  CONSENT  BY
    7  MINORS.  1. No person, other than a [licensed physician, or, in a hospi-
    8  tal, a staff physician] HEALTH CARE PRACTITIONER, shall diagnose,  treat
    9  or  prescribe  for  a person who is infected with a sexually transmitted
   10  disease, or who has been exposed to infection with a sexually  transmit-
   11  ted  disease,  or  dispense  or  sell a drug, medicine or remedy for the
   12  treatment of such person except on  prescription  of  a  [duly  licensed
   13  physician] HEALTH CARE PRACTITIONER.
   14    2.  (A)  A  [licensed  physician, or in a hospital, a staff physician]
   15  HEALTH CARE PRACTITIONER, may diagnose, treat or prescribe TREATMENT FOR
   16  A SEXUALLY TRANSMITTED DISEASE for a person under the  age  of  [twenty-
   17  one]  EIGHTEEN  years without the consent or knowledge of the parents or
   18  [guardian] GUARDIANS of said person, where such person is infected  with

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01523-02-3
       A. 497--A                           2

    1  a  sexually transmitted disease, or has been exposed to infection with a
    2  sexually transmitted disease.
    3    (B)  A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO THE
    4  PREVENTION OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING  ADMINISTERING
    5  VACCINES,  TO  A  PERSON  UNDER  THE  AGE  OF EIGHTEEN YEARS WITHOUT THE
    6  CONSENT OR KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF  SUCH  PERSON,
    7  PROVIDED  THAT  THE  PERSON HAS CAPACITY TO CONSENT TO THE CARE, WITHOUT
    8  REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.
    9    (C) ANY RELEASE OF PATIENT  INFORMATION  REGARDING  VACCINES  PROVIDED
   10  UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
   11  TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS.
   12    3. For the purposes of this section, [the term]
   13    (A)  "hospital"  shall  mean  a hospital as defined in article twenty-
   14  eight of this chapter; AND
   15    (B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED
   16  OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF  THE  EDUCATION
   17  LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
   18    S 2. This act shall take effect immediately.
Go to top
Page display time = 0.0925 sec