Bill Text: NY S06082 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to HIV related testing requirements.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - 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, when15applicable] 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 shall21provide either directly or through a representative to the subject of an22HIV related test or, if the subject lacks capacity to consent, to a23person authorized pursuant to law to consent to health care for the24subject, an explanation that:EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11267-02-9S. 6082 2 1(a) HIV causes AIDS and can be transmitted through sexual activities2and needle-sharing, by pregnant women to their fetuses, and through3breastfeeding infants;4(b) there is treatment for HIV that can help an individual stay heal-5thy;6(c) individuals with HIV or AIDS can adopt safe practices to protect7uninfected and infected people in their lives from becoming infected or8multiply infected with HIV;9(d) testing is voluntary and can be done anonymously at a public test-10ing center;11(e) the law protects the confidentiality of HIV related test results;12(f) the law prohibits discrimination based on an individual's HIV13status and services are available to help with such consequences; and14(g) the law requires that an individual be advised before an HIV-re-15lated test is performed, and that no test shall be performed over his or16her objection.17Protocols shall be in place to ensure compliance with this section.184. A person authorized pursuant to law to order the performance of an19HIV related test shall provide directly or through a representative to20the person seeking such test, an opportunity to remain anonymous through21use of a coded system with no linking of individual identity to the test22request or results. A health care provider who is not authorized by the23commissioner to provide HIV related tests on an anonymous basis shall24refer a person who requests an anonymous test to a test site which does25provide anonymous testing. The provisions of this subdivision shall not26apply to a health care provider ordering the performance of an HIV27related test on an individual proposed for insurance coverage.285.] 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 orS. 6082 3 1 contraction of HIV infection; [(iv) to inform such person of available2medical 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,6provide (in a manner which may consist of oral or written reference to7information previously provided) the subject of the test, or if the8subject lacks capacity to consent, the person authorized pursuant to law9to consent to health care for the subject, with information concerning10the risks of participating in high risk sexual or needle-sharing behav-11ior.125-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 caseS. 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.