NY State Senate Bill S4779B

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2010	reported and committed to codes
Jan 06, 2010	referred to health
Jul 16, 2009	committed to rules
Jun 02, 2009	amended on third reading 4779b
Jun 01, 2009	advanced to third reading
May 27, 2009	2nd report cal.
May 26, 2009	1st report cal.440
May 21, 2009	print number 4779a
May 21, 2009	amend and recommit to health
Apr 27, 2009	referred to health

Votes

view votes

Jan 20, 2010 - Health committee Vote

S4779B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S4779 - Details

See Assembly Version of this Bill:: A6702
Current Committee:: Senate Codes
Law Section:: Public Health Law
Laws Affected:: Amd §2305, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S384, A343
2013-2014: S3134, A497
2015-2016: S2712, A1528
2017-2018: S5611, A2469
2019-2020: S3899, A973
2021-2022: S937, A822
2023-2024: S762, A276

S4779 - Summary

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

S4779 - Sponsor Memo

 BILL NUMBER:  S4779

 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 the section
heading of section 2305 of the public health law to provide for the
care of sexually transmissible diseases and consent by minors.

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 curative 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
medical 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.

In addition, this section defines "sexually transmissible disease" and
"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
papillomavirus (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 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
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
medical 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.
Therefore, regardless of the individual's age, a person may receive
the HPV vaccination if he or she has the capacity to consent and
consents.

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.

 PRIOR LEGISLATIVE HISTORY : Similar to A.9630, 2008 referred to
health.

 FISCAL IMPLICATION : None to the state.

 EFFECTIVE DATE : Nine months after the bill shall have become law.

S4779 - Bill Text download pdf

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

                                  4779

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- 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. The section heading of section 2305 of  the  public  health
law,  as  amended by chapter 878 of the laws of 1980, is amended to read
as follows:
  Sexually transmissible  diseases;  CARE  AND  treatment  [by  licensed
physician  or  staff physician of a hospital; prescriptions]; CONSENT BY
MINORS.
  S 2. Subdivisions 2 and 3 of section 2305 of the public health law, as
amended by chapter 878 of the laws of  1980,  are  amended  to  read  as
follows:
  2.  (A)  A  [licensed physician, or in a hospital, a staff physician,]
HEALTH CARE PRACTITIONER  may  diagnose,  treat  or  prescribe  CURATIVE
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 MEDICAL 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,
PROVIDED  THAT  THE  PERSON HAS CAPACITY TO CONSENT TO THE CARE, WITHOUT
REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09628-05-9

S. 4779                             2

  (C) ANY RELEASE OF PATIENT  INFORMATION  REGARDING  VACCINES  PROVIDED
UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
TEEN OF THIS CHAPTER.
  3. For the purposes of this section, [the term]
  (A)  "hospital"  shall  mean  a hospital as defined in article twenty-
eight of this chapter;
  (B) "SEXUALLY TRANSMISSIBLE DISEASE" SHALL INCLUDE  ANY  INFECTION  OR
DISEASE  THAT  IS TRANSMISSIBLE BY SEXUAL CONTACT, REGARDLESS OF WHETHER
IT IS  A  SEXUALLY  TRANSMISSIBLE  DISEASE  UNDER  SECTION  TWENTY-THREE
HUNDRED ELEVEN OF THIS TITLE; AND
  (C) "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 3. This act shall take effect nine months after it shall have become
a law.

S4779A - Details

See Assembly Version of this Bill:: A6702
Current Committee:: Senate Codes
Law Section:: Public Health Law
Laws Affected:: Amd §2305, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S384, A343
2013-2014: S3134, A497
2015-2016: S2712, A1528
2017-2018: S5611, A2469
2019-2020: S3899, A973
2021-2022: S937, A822
2023-2024: S762, A276

S4779A - Summary

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

S4779A - Sponsor Memo

 BILL NUMBER:  S4779A

 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 the section heading of section 2305 of the public
health law to provide for the care of sexually transmissible diseases
and consent by minors.

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
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 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 papillomavirus (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
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 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.
Therefore, regardless of the individual's age, a person may receive
the HPV vaccination if he or she has the capacity to consent and
consents.

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.

 PRIOR LEGISLATIVE HISTORY :
Similar to A.9630, 2008 referred to health.

 FISCAL IMPLICATION :
None to the state.

 EFFECTIVE DATE :
Immediately.

S4779A - Bill Text download pdf

Co-Sponsors

S4779B (ACTIVE) - Details

See Assembly Version of this Bill:: A6702
Current Committee:: Senate Codes
Law Section:: Public Health Law
Laws Affected:: Amd §2305, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S384, A343
2013-2014: S3134, A497
2015-2016: S2712, A1528
2017-2018: S5611, A2469
2019-2020: S3899, A973
2021-2022: S937, A822
2023-2024: S762, A276

S4779B (ACTIVE) - Summary

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

S4779B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4779B

 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.

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

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 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 papillomavirus (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 disproportion- ately
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.

 PRIOR LEGISLATIVE HISTORY :
Similar to A.9630, 2008 referred to health.

 FISCAL IMPLICATION :
None to the state.

 EFFECTIVE DATE :
Immediately.

S4779B (ACTIVE) - Bill Text download pdf

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

                                 4779--B
    Cal. No. 440

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  KRUEGER, ADAMS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09628-11-9

S. 4779--B                          2

  (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,
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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The New York State Senate

senate Bill S4779B

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Votes

Jan 20, 2010 - Health committee Vote

Health Committee Vote: Jan 20, 2010

Bill Amendments

S4779 - Details

S4779 - Summary

S4779 - Sponsor Memo

S4779 - Bill Text download pdf

S4779A - Details

S4779A - Summary

S4779A - Sponsor Memo

S4779A - Bill Text download pdf

Co-Sponsors

S4779B (ACTIVE) - Details

S4779B (ACTIVE) - Summary

S4779B (ACTIVE) - Sponsor Memo

S4779B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4779B

Share this bill

Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Votes

Jan 20, 2010 - Health committee Vote

Health Committee Vote: Jan 20, 2010

Bill Amendments

S4779 - Details

S4779 - Summary

S4779 - Sponsor Memo

S4779 - Bill Text download pdf

S4779A - Details

S4779A - Summary

S4779A - Sponsor Memo

S4779A - Bill Text download pdf

Co-Sponsors

Eric Adams

Kevin S. Parker

Jose Peralta

S4779B (ACTIVE) - Details

S4779B (ACTIVE) - Summary

S4779B (ACTIVE) - Sponsor Memo

S4779B (ACTIVE) - Bill Text download pdf

Comments