|SAME AS||SAME AS A10724|
|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.|
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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 received8 informed consent of the subject of the test who has capacity to consent9 or, when the subject lacks capacity to consent, of a person authorized10 pursuant to law to consent to health care for such individual. In order11 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 section20 shall be valid for such testing until such consent is revoked. Each time21 that an HIV related test is ordered pursuant to informed consent in22 accordance with this section, the physician or other person authorized23 pursuant to law to order the performance of the HIV related test, or24 such person's representative, shall orally notify the subject of the25 test or, when the subject lacks capacity to consent, a person authorized26 pursuant to law to consent to health care for such individual, that anEXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12090-01-6S. 8129 2 1 HIV related test will be conducted at such time, and shall note the2 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 related22 testing to be valid for such testing until such consent is revoked by23 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-four30 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.