senate Bill S3134A

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

See Assembly Version of this Bill:
A497A
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, A343
2009-2010: S4779B, A6702C

Sponsor Memo

BILL NUMBER:S3134A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

To ensure that the immunization against HPV is administered to people
at a time when it is most effective.

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 transmissible disease, or dispense or sell a drug, medicine
or remedy for the treatment of such person except on prescription of a
health care practitioner.

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
transmissible disease or has been exposed to infection with a sexually
transmissible 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
eighteen without the consent or knowledge of his or her parents or
guardians, 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 regulations.

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

Section two provides the effective date.

JUSTIFICATION: Approximately 99.7% of all cervical cancer cases are
linked to a virus; particularly certain types of the human
papillomayi- rus (HPV). According to the American Cancer Society,
there are about 3,700 deaths from cervical cancer in the United States
every year. African-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 administered 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
physicians or hospital staff physicians to "diagnose, treat, or


prescribe for a person under the age of twenty-one years without the
consent or knowledge 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
individual'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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced by Sens. KRUEGER, ADAMS, HASSELL-THOMPSON, PARKER, PERALTA --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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, the section heading and subdivisions 1 and
2 as amended by section 35 of part E of chapter 56 of the laws of  2013,
is amended to read as follows:
  S 2305. Sexually transmitted 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  hospi-
tal,  a staff physician] HEALTH CARE PRACTITIONER, shall diagnose, treat
or prescribe for a person who is infected with  a  sexually  transmitted
disease,  or who has been exposed to infection with a sexually transmit-
ted 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  TRANSMITTED  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 transmitted disease, or has been exposed to infection with  a
sexually transmitted disease.
  (B)  A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO THE
PREVENTION OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING  ADMINISTERING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01523-03-3

S. 3134--A                          2

VACCINES,  TO  A  PERSON  UNDER  THE  AGE  OF EIGHTEEN YEARS WITHOUT THE
CONSENT OR KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF  SUCH  PERSON,
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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