Bill Text: NY A00973 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent; provides definition for health care practitioner.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A00973 Detail]

Download: New_York-2019-A00973-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           973
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of A. PAULIN, GOTTFRIED, DINOWITZ, JAFFEE, L. ROSEN-
          THAL, STECK, BRONSON, FAHY -- Multi-Sponsored by -- M. of  A.  HEVESI,
          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.
                                                                   LBD00631-01-9
        A. 973                              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.