S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sens. KRUEGER, ADAMS, PARKER, PERALTA -- read twice and
ordered printed, and when printed to be committed to the Committee on
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2305 of the public health law, as amended by chap-
ter 878 of the laws of 1980, is amended to read as follows:
S 2305. Sexually transmissible diseases; CARE AND treatment [by
licensed physician or staff physician of a hospital; prescriptions] ;
CONSENT BY MINORS. 1. No person, other than a [licensed physician, or,
in a hospital, a staff physician] HEALTH CARE PRACTITIONER, shall diag-
nose, treat or prescribe for a person who is infected with a sexually
transmissible disease, or who has been exposed to infection with a sexu-
ally transmissible disease, or dispense or sell a drug, medicine or
remedy for the treatment of such person except on prescription of a
[duly licensed physician] HEALTH CARE PRACTITIONER.
2. (A) A [licensed physician, or in a hospital, a staff physician,]
HEALTH CARE PRACTITIONER may diagnose, treat or prescribe TREATMENT FOR
A SEXUALLY TRANSMISSIBLE DISEASE for a person under the age of [twenty-
one] EIGHTEEN years without the consent or knowledge of the parents or
[guardian] GUARDIANS of said person, where such person is infected with
a sexually transmissible disease, or has been exposed to infection with
a sexually transmissible disease.
(B) A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO THE
PREVENTION OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING ADMINISTERING
VACCINES, TO A PERSON UNDER THE AGE OF EIGHTEEN YEARS WITHOUT THE
CONSENT OR KNOWLEDGE OF THE PARENTS OR GUARDIANS OF SUCH PERSON,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 384 2
PROVIDED THAT THE PERSON HAS CAPACITY TO CONSENT TO THE CARE, WITHOUT
REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.
(C) ANY RELEASE OF PATIENT INFORMATION REGARDING VACCINES PROVIDED
UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS.
3. For the purposes of this section, [the term]
(A) "hospital" shall mean a hospital as defined in article twenty-
eight of this chapter; AND
(B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED
OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION
LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
S 2. This act shall take effect immediately.