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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.
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