STATE OF NEW YORK
________________________________________________________________________
2469
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
___________
Introduced by M. of A. PAULIN, GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL,
STECK, BRONSON, SKARTADOS, FAHY -- Multi-Sponsored by -- M. of A.
HEVESI, JENNE, PERRY, RICHARDSON, SIMON, WRIGHT -- read once and
referred to the Committee on Health
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.
LBD06300-01-7
A. 2469 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.