senate Bill S3134

Amended

Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Jan / 2013
    • REFERRED TO HEALTH
  • 30 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 30 / May / 2013
    • PRINT NUMBER 3134A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

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

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Bill Details

Versions:
S3134
S3134A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง2305, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S384
2009-2010: S4779B

Sponsor Memo

BILL NUMBER:S3134

TITLE OF BILL: An act to amend the public health law, in relation to
providing medical care to minors for sexually transmitted diseases with-
out a parent's or guardian's consent

PURPOSE OR GENERAL IDEA OF BILL: To ensure that the immunization
against HPV is administered to people at a time when it is most effec-
tive.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 2305 of the public health law to provide that
no person other than a health care practitioner shall diagnose, treat or
prescribe for a person who is infected with a sexually transmissible
disease, or who has been exposed to infection with a sexually transmis-
sible disease, or dispense or sell a drug, medicine or remedy for the
treatment of such person except on prescription of a health care practi-
tioner.

Section two amends subdivision 2 of section 2305 of the public health
law to provide that a health care practitioner may diagnose, treat or
prescribe treatment for a sexually transmissible disease for a person
under age eighteen without the consent or knowledge of his or her
parents or guardians where such person is infected with a sexually tran-
smissible disease or has been exposed to infection with a sexually tran-
smissible disease.

This section also provides that a health care practitioner may provide
health care related to the prevention of a sexually transmissible
disease, including administering vaccines, to a person under age eigh-
teen without the consent or knowledge of his or her parents or guardi-
ans, provided such person has capacity to, consent to the care, without
regard to the person's age, and the-person consents. The section
provides further that any release of patient information regarding
vaccines provided under this section shall be consistent with sections
17 and 18 of the public health law and other applicable laws and regu-
lations.

In addition, this section defines "health care practitioner."

Section three provides the effective date.

JUSTIFICATION: Approximately 99.7% of all cervical cancer cases are
linked to a virus, Particularly certain types of the human papillomavi-
rus (HPV). According to the American Cancer Society, there are about
3,700 deaths from cervical cancer in the United States every year. Afri-
can American women and Hispanic women in the U.S. are disproportionately
impacted by cervical cancer. The HPV vaccine, which has been approved by
the U. S. Food and Drug Administration, is most effective when adminis-

tered before a person becomes sexually active. Generally, this means
administering the vaccine to persons under the age of eighteen.

Currently, section 2305 of the public health law allows licensed physi-
cians or hospital staff physicians to "diagnose, treat, or prescribe for
a person under the age of twenty-one years without the consent or know-
ledge of the parents or guardian of said person, where such person is
infected with a sexually transmissible disease, or has been exposed to
infection with a sexually transmissible disease." Public policy in New
York also dictates that a minor may receive family planning counseling
and birth control, and terminate a pregnancy without the consent of a
parent or guardian. Planned Parenthood and several community health
centers testified at a Senate hearing two years ago that young women
were coming into clinics and centers to ask for the HPV vaccine. Women
are aware that it is more effective to receive the vaccination before
they become sexually active.

This legislation provides that health care practitioners may provide
health care related to the prevention of a sexually transmissible
disease, including administer the HPV vaccine, to persons under the age
of eighteen without the consent or knowledge of the parents or guardians
only where those persons have the capacity to consent, without regard to
the person's age, and consent to the medical care.

It is imperative that we promote protection against an often fatal
disease to those who will most benefit from that protection. By allowing
health care professionals to administer immunization against HPV to
persons under the age of eighteen without the consent or knowledge of a
parent or guardian, this legislation promotes the health and well being
of persons at a most critical juncture in their lives: prior to being
sexually active and prior to exposure to a virus that is linked to a
deadly disease.

With this legislation, it will be clear that regardless of an individ-
ual's age, a person may receive from a health care practitioner the HPV
vaccination, and in the case of a person under the age of eighteen, if
he or she has the capacity to consent and consents.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: Immediately,

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3134

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sens.  KRUEGER, ADAMS, PARKER, PERALTA -- 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 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:

  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.
                                                           LBD01523-01-3

S. 3134                             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.

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