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S03134 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3134--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2013
                                       ___________
 
        Introduced by Sens. KRUEGER, ADAMS, HASSELL-THOMPSON, PARKER, PERALTA --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Health -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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    § 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

    19  a sexually transmitted disease, or has been exposed to infection with  a
    20  sexually transmitted disease.
    21    (b)  A health care practitioner may provide health care related to the
    22  prevention of a sexually transmissible disease, including  administering
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01523-03-3

        S. 3134--A                          2
 
     1  vaccines,  to  a  person  under  the  age  of eighteen years without the
     2  consent or knowledge  of  the  parents  or  guardians  of  such  person,
     3  provided  that  the  person has capacity to consent to the care, without

     4  regard to the person's age, and the person consents.
     5    (c)  Any  release  of  patient information regarding vaccines provided
     6  under this section shall be consistent with sections seventeen and eigh-
     7  teen of this chapter and other applicable laws and regulations.
     8    3. For the purposes of this section, [the term]
     9    (a) "hospital" shall mean a hospital as  defined  in  article  twenty-
    10  eight of this chapter; and
    11    (b) "health care practitioner" shall mean a person licensed, certified
    12  or  otherwise  authorized to practice under title eight of the education
    13  law, acting within his or her lawful scope of practice.
    14    § 2. This act shall take effect immediately.
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