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S08129 Summary:

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S08129 Text:

 
                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.