Amd §§2781 & 2781-a, Pub Health L; amd §§6527, 6909 & 6801, Ed L
 
Relates to HIV-related testing and to screening for certain diseases; authorizes certain health care professionals to prescribe or execute an order for a seven day starter packet of HIV post-exposure prophylaxis.
STATE OF NEW YORK
________________________________________________________________________
8129
IN SENATE
June 13, 2016
___________
Introduced by Sen. HANNON -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the public health law, in relation to HIV-related test-
ing; and to amend the education law, in relation to screening for
certain diseases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 2781 of the public
2 health law, as amended by section 2 of part A of chapter 60 of the laws
3 of 2014, are amended to read as follows:
4 1. Except as provided in section three thousand one hundred twenty-one
5 of the civil practice law and rules, or unless otherwise specifically
6 authorized or required by a state or federal law, no person shall order
7 the performance of an HIV related test without first [having received
8 informed consent of the subject of the test who has capacity to consent
9 or, when the subject lacks capacity to consent, of a person authorized
10 pursuant to law to consent to health care for such individual. In order
11 for there to be informed consent, the person ordering the test shall,
12 prior to obtaining informed consent], at a minimum [advise], orally
13 advising the protected individual, or, when the protected individual
14 lacks capacity to consent, a person authorized to consent to health care
15 for such individual, that an HIV-related test is being performed, or
16 over the objection of such individual or authorized persons. Such
17 advisement and objection, when applicable shall be noted in the individ-
18 ual's record.
19 2. [Informed consent for HIV related testing pursuant to this section
20 shall be valid for such testing until such consent is revoked. Each time
21 that an HIV related test is ordered pursuant to informed consent in
22 accordance with this section, the physician or other person authorized
23 pursuant to law to order the performance of the HIV related test, or
24 such person's representative, shall orally notify the subject of the
25 test or, when the subject lacks capacity to consent, a person authorized
26 pursuant to law to consent to health care for such individual, that an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12090-01-6
S. 8129 2
1 HIV related test will be conducted at such time, and shall note the
2 notification in the patient's record.
3 3.] A person ordering the performance of an HIV related test shall
4 provide either directly or through a representative to the subject of an
5 HIV related test or, if the subject lacks capacity to consent, to a
6 person authorized pursuant to law to consent to health care for the
7 subject, an explanation that:
8 (a) HIV causes AIDS and can be transmitted through sexual activities
9 and needle-sharing, by pregnant women to their fetuses, and through
10 breastfeeding infants;
11 (b) there is treatment for HIV that can help an individual stay heal-
12 thy;
13 (c) individuals with HIV or AIDS can adopt safe practices to protect
14 uninfected and infected people in their lives from becoming infected or
15 multiply infected with HIV;
16 (d) testing is voluntary and can be done anonymously at a public test-
17 ing center;
18 (e) the law protects the confidentiality of HIV related test results;
19 (f) the law prohibits discrimination based on an individual's HIV
20 status and services are available to help with such consequences; and
21 (g) the law [allows an individual's informed consent for HIV related
22 testing to be valid for such testing until such consent is revoked by
23 the subject of the HIV related test] requires that an individual be
24 advised before an HIV-related test is performed, and that no test shall
25 be performed over his or her objection.
26 Protocols shall be in place to ensure compliance with this section.
27 § 2. Subdivision 1 of section 2781-a of the public health law, as
28 added by chapter 308 of the laws of 2010, is amended to read as follows:
29 1. Every individual [between the ages of] age thirteen and [sixty-four
30 years] older (or younger [or older] than thirteen if there is evidence
31 or indication of risk activity) who receives health services as an inpa-
32 tient or in the emergency department of a general hospital defined in
33 subdivision ten of section twenty-eight hundred one of this chapter or
34 who receives primary care services in an outpatient department of such
35 hospital or in a diagnostic and treatment center licensed under article
36 twenty-eight of this chapter or from a physician, physician assistant,
37 nurse practitioner, or midwife providing primary care shall in accord-
38 ance with subdivision one of section two thousand seven hundred eighty-
39 one of this article be offered an HIV related test unless the health
40 care practitioner providing such services reasonably believes that (a)
41 the individual is being treated for a life threatening emergency; or (b)
42 the individual has previously been offered or has been the subject of an
43 HIV related test (except that a test shall be offered if otherwise indi-
44 cated); or (c) the individual lacks capacity to consent to an HIV
45 related test.
46 § 3. Subdivision 6 of section 6527 of the education law is amended by
47 adding a new paragraph (g) to read as follows:
48 (g) screening of persons at increased risk of syphilis, gonorrhea and
49 chlamydia.
50 § 4. Subdivision 4 of section 6909 of the education law is amended by
51 adding a new paragraph (g) to read as follows:
52 (g) screening of persons at increased risk for syphilis, gonorrhea and
53 chlamydia.
54 § 5. Section 6527 of the education law is amended by adding a new
55 subdivision 7-a to read as follows:
S. 8129 3
1 7-a. A licensed physician may prescribe and order a patient specific
2 order or non-patient specific order to a licensed pharmacist, pursuant
3 to regulations promulgated by the commissioner in consultation with the
4 commissioner of health, and consistent with the public health law, for
5 dispensing up to a seven day starter pack of HIV post-exposure prophy-
6 laxis for the purpose of preventing human immunodeficiency virus
7 infection following a potential human immunodeficiency virus exposure.
8 § 6. Section 6909 of the education law is amended by adding a new
9 subdivision 8 to read as follows:
10 8. A certified nurse practitioner may prescribe and order a patient
11 specific order or non-patient specific order to a licensed pharmacist,
12 pursuant to regulations promulgated by the commissioner in consultation
13 with the commissioner of health, and consistent with the public health
14 law, for dispensing up to a seven day starter pack of HIV post-exposure
15 prophylaxis for the purpose of preventing human immunodeficiency virus
16 infection following a potential human immunodeficiency virus exposure.
17 § 7. Section 6801 of the education law is amended by adding a new
18 subdivision 5 to read as follows:
19 5. A licensed pharmacist may execute a non-patient specific order, for
20 dispensing up to a seven day starter pack of HIV post-exposure prophy-
21 laxis medications for the purpose of preventing human immunodeficiency
22 virus infection, by a physician licensed in this state or nurse practi-
23 tioner certified in this state, pursuant to rules and regulations
24 promulgated by the commissioner in consultation with the commissioner of
25 health following a potential human immunodeficiency virus exposure.
26 § 8. This act shall take effect immediately; provided, however, the
27 amendments to section 6801 of the education law made by section seven of
28 this act shall not affect the expiration of such section and shall be
29 deemed to expire therewith.