Bill Text: NY S06082 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to HIV related testing requirements.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-05-16 - REFERRED TO HEALTH [S06082 Detail]

Download: New_York-2019-S06082-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6082

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sens. HOYLMAN, RIVERA -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to HIV related  test-
          ing requirements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2781 of the public health law, as amended by  chap-
     2  ter  308 of the laws of 2010, subdivisions 1 and 2 as amended by chapter
     3  502 of the laws of 2016 and subdivision 4 as amended  by  section  2  of
     4  part A of chapter 60 of the laws of 2014, is amended to read as follows:
     5    §  2781.  HIV  related testing. 1. Except as provided in section three
     6  thousand one hundred twenty-one of the civil practice law and rules,  or
     7  unless  otherwise  specifically  authorized  or  required  by a state or
     8  federal law, no person shall order the performance  of  an  HIV  related
     9  test  without first, at a minimum, [orally advising] providing notice by
    10  means readily accessible in multiple languages to the protected individ-
    11  ual, or, when the protected individual  lacks  capacity  to  consent,  a
    12  person authorized to consent to health care for such individual, that an
    13  HIV-related test is being performed, or over the objection of such indi-
    14  vidual  or  authorized  persons.  Such  [advisement  and objection, when
    15  applicable] notice may be provided orally,  in  writing  by  prominently
    16  displayed  signage,  by  electronic  means  or other appropriate form of
    17  communication. Such notice shall include information that HIV testing is
    18  voluntary. A refusal of an HIV related test shall be noted in the  indi-
    19  vidual's record.
    20    2.  [A  person  ordering  the performance of an HIV related test shall
    21  provide either directly or through a representative to the subject of an
    22  HIV related test or, if the subject lacks  capacity  to  consent,  to  a
    23  person  authorized  pursuant  to  law  to consent to health care for the
    24  subject, an explanation that:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11267-02-9

        S. 6082                             2

     1    (a) HIV causes AIDS and can be transmitted through  sexual  activities
     2  and  needle-sharing,  by  pregnant  women  to their fetuses, and through
     3  breastfeeding infants;
     4    (b)  there is treatment for HIV that can help an individual stay heal-
     5  thy;
     6    (c) individuals with HIV or AIDS can adopt safe practices  to  protect
     7  uninfected  and infected people in their lives from becoming infected or
     8  multiply infected with HIV;
     9    (d) testing is voluntary and can be done anonymously at a public test-
    10  ing center;
    11    (e) the law protects the confidentiality of HIV related test results;
    12    (f) the law prohibits discrimination  based  on  an  individual's  HIV
    13  status and services are available to help with such consequences; and
    14    (g)  the  law requires that an individual be advised before an HIV-re-
    15  lated test is performed, and that no test shall be performed over his or
    16  her objection.
    17    Protocols shall be in place to ensure compliance with this section.
    18    4. A person authorized pursuant to law to order the performance of  an
    19  HIV  related  test shall provide directly or through a representative to
    20  the person seeking such test, an opportunity to remain anonymous through
    21  use of a coded system with no linking of individual identity to the test
    22  request or results. A health care provider who is not authorized by  the
    23  commissioner  to  provide  HIV related tests on an anonymous basis shall
    24  refer a person who requests an anonymous test to a test site which  does
    25  provide  anonymous testing. The provisions of this subdivision shall not
    26  apply to a health care provider  ordering  the  performance  of  an  HIV
    27  related test on an individual proposed for insurance coverage.
    28    5.] At the time of communicating the test result to the subject of the
    29  test,  a  person  ordering the performance of an HIV related test shall,
    30  directly or through a representative:
    31    (a) provide the subject of the test or, if the subject lacks  capacity
    32  to  consent,  the person authorized pursuant to law to consent to health
    33  care for the subject, oral or written information explaining that:
    34    (i) HIV causes AIDS and can be transmitted through  sexual  activities
    35  and  needle-sharing,  by  pregnant  women  to their fetuses, and through
    36  breastfeeding infants;
    37    (ii) there is treatment for HIV that can help an individual stay heal-
    38  thy and if taken regularly will prevent sexual transmission of HIV;
    39    (iii) individuals with HIV or AIDS can adopt safe practices to protect
    40  uninfected and infected people in their lives from becoming infected  or
    41  multiply infected with HIV;
    42    (iv) the law protects the confidentiality of HIV related test results;
    43    (v)  the  law  prohibits  discrimination  based on an individual's HIV
    44  status and services are available to help with such consequences;
    45    (vi) the law requires that no HIV related test shall be performed over
    46  an individual's stated objection;
    47    (vii) pre- and post-exposure prophylaxis medications  (PrEP  and  PEP)
    48  are available to protect persons at risk of HIV infection; and
    49    (b)  in  the  case  of  a  test  indicating evidence of HIV infection,
    50  provide the subject of the test or, if the  subject  lacks  capacity  to
    51  consent, the person authorized pursuant to law to consent to health care
    52  for  the  subject  with  counseling  or referrals for counseling: (i) to
    53  inform such person of available medical treatments; (ii) for coping with
    54  the emotional consequences of learning the result; [(ii)] (iii)  regard-
    55  ing  the  discrimination  problems  that  disclosure of the result could
    56  cause; [(iii)] (iv) for  behavior  change  to  prevent  transmission  or

        S. 6082                             3

     1  contraction  of  HIV infection; [(iv) to inform such person of available
     2  medical treatments; and] (v) regarding the need to  notify  his  or  her
     3  contacts;  and (vi) regarding pre- and post-exposure prophylaxis medica-
     4  tions available to sexual partners to prevent HIV infection.
     5    [(b)  in  the case of a test not indicating evidence of HIV infection,
     6  provide (in a manner which may consist of oral or written  reference  to
     7  information  previously  provided)  the  subject  of the test, or if the
     8  subject lacks capacity to consent, the person authorized pursuant to law
     9  to consent to health care for the subject, with  information  concerning
    10  the  risks of participating in high risk sexual or needle-sharing behav-
    11  ior.
    12    5-a.] 2-a. With the consent  of  the  subject  of  a  test  indicating
    13  evidence  of HIV infection or, if the subject lacks capacity to consent,
    14  with the consent of the person authorized pursuant to law to consent  to
    15  health  care  for the subject, the person who ordered the performance of
    16  the HIV related test, or such person's representative, shall provide  or
    17  arrange  with  a  health  care provider for an appointment for follow-up
    18  medical care for HIV for such subject.
    19    [6.] 3. The provisions of this section shall not apply to the perform-
    20  ance of an HIV related test:
    21    (a) by a health care provider or health facility in  relation  to  the
    22  procuring,  processing,  distributing  or use of a human body or a human
    23  body part, including organs,  tissues,  eyes,  bones,  arteries,  blood,
    24  semen,  or other body fluids, for use in medical research or therapy, or
    25  for transplantation to individuals provided,  however,  that  where  the
    26  test  results  are communicated to the subject, post-test counseling, as
    27  described in subdivision [five] two of this section,  shall  nonetheless
    28  be required; or
    29    (b)  for  the  purpose  of  research  if the testing is performed in a
    30  manner by which the identity of the test subject is not  known  and  may
    31  not be retrieved by the researcher; or
    32    (c) on a deceased person, when such test is conducted to determine the
    33  cause of death or for epidemiological purposes; or
    34    (d)  conducted pursuant to section twenty-five hundred-f of this chap-
    35  ter; or
    36    (e) in situations involving  occupational  exposures  which  create  a
    37  significant  risk  of  contracting  or  transmitting  HIV  infection, as
    38  defined in regulations of  the  department  and  pursuant  to  protocols
    39  adopted by the department,
    40    (i) provided that:
    41    (A)  the  person  who  is  the  source of the occupational exposure is
    42  deceased, comatose or is determined by his or her attending health  care
    43  professional  to  lack mental capacity to consent to an HIV related test
    44  and is not reasonably expected to recover in time for the exposed person
    45  to receive appropriate medical treatment, as determined by  the  exposed
    46  person's  attending  health care professional who would order or provide
    47  such treatment;
    48    (B) there is no person available or reasonably likely to become avail-
    49  able who has the legal authority to consent to the HIV related  test  on
    50  behalf  of  the  source person in time for the exposed person to receive
    51  appropriate medical treatment; and
    52    (C) the exposed person will benefit medically by  knowing  the  source
    53  person's  HIV test results, as determined by the exposed person's health
    54  care professional and documented in the exposed person's medical record;
    55    (ii) in which case

        S. 6082                             4

     1    (A) a provider shall order an anonymous HIV test of the source person;
     2  and
     3    (B)  the  results  of such anonymous test, but not the identity of the
     4  source person, shall be disclosed only  to  the  attending  health  care
     5  professional  of  the exposed person solely for the purpose of assisting
     6  the exposed person in making appropriate decisions regarding  post-expo-
     7  sure medical treatment; and
     8    (C)  the  results  of  the  test  shall not be disclosed to the source
     9  person or placed in the source person's medical record.
    10    [7.] 4. In the event that an HIV related test is ordered by  a  physi-
    11  cian  or  certified nurse practitioner pursuant to the provisions of the
    12  education law providing for non-patient specific regimens, then for  the
    13  purposes  of this section the individual administering the test shall be
    14  deemed to be the individual ordering the test.
    15    § 2. This act shall take effect immediately.
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