S T A T E O F N E W Y O R K
________________________________________________________________________
1164
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to limiting the
spread of acquired immune deficiency syndrome and human immunodefici-
ency virus infection
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (h) of subdivision 5 of section 225 of the public
health law, such subdivision as renumbered by chapter 626 of the laws of
1971, is amended to read as follows:
(h) designate the communicable diseases which are dangerous to the
public health, NOTWITHSTANDING ANY PROVISION OF LAW, RULE, REGULATION,
CODE OR ORDINANCE TO THE CONTRARY, ACQUIRED IMMUNE DEFICIENCY SYNDROME
(AIDS) AND HUMAN IMMUNODEFICIENCY VIRUS INFECTION (HIV) SHALL BE DESIG-
NATED AS A COMMUNICABLE DISEASE STATEWIDE AND THE PUBLIC HEALTH COUNCIL
SHALL ESTABLISH REGULATIONS TO LIMIT THE SPREAD OF SUCH DISEASES;
S 2. Section 2306 of the public health law, as amended by chapter 512
of the laws of 1992, is amended to read as follows:
S 2306. Sexually transmissible diseases; reports and information,
confidential. All reports or information secured by a board of health or
health officer under the provisions of this article shall be confiden-
tial except in so far as is necessary to carry out the purposes of this
article. THE DEPARTMENT, WHEN NOTIFIED OF A CASE OF HUMAN IMMUNODEFICI-
ENCY VIRUS INFECTION (HIV) AS CONFIRMED BY REPEATED ENZYME IMMUNO-ASSAY
(EIA) AND A POSITIVE WESTERN BLOT TEST, SHALL INVOKE ALL NECESSARY
PUBLIC HEALTH PROCEDURES AND REGULATIONS FOR CONTROLLING SEXUALLY TRAN-
SMISSIBLE DISEASES, INCLUDING BUT NOT LIMITED TO IDENTIFICATION OF PAST
CONTACTS AND COUNSELING OF FAMILY MEMBERS. ALL REPORTS AND INFORMATION
SECURED PURSUANT TO THIS CHAPTER CONCERNING PERSONS INFECTED WITH
ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) OR HUMAN IMMUNODEFICIENCY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01900-01-9
A. 1164 2
VIRUS INFECTION (HIV) SHALL BE CONFIDENTIAL AND USED SOLELY FOR THE
PURPOSE OF CONTROLLING THE SPREAD OF SUCH DISEASES. Such report or
information may be disclosed by court order in a criminal proceeding in
which it is otherwise admissible or in a proceeding pursuant to article
ten of the family court act in which it is otherwise admissible, to the
prosecution and to the defense, or in a proceeding pursuant to article
ten of the family court act in which it is otherwise admissible, to the
petitioner, respondent and law guardian, provided that the subject of
the report or information has waived the confidentiality provided for by
this section. A person waives the confidentiality provided for by this
section if such person voluntarily discloses or consents to disclosure
of such report or information or a portion thereof. If such person lacks
the capacity to consent to such a waiver, his or her parent, guardian or
law guardian may so consent. An order directing disclosure pursuant to
this section shall specify that no report or information shall be
disclosed pursuant to such order which identifies or relates to any
person other than the subject of the report or information.
S 3. Section 2311 of the public health law, as added by chapter 878 of
the laws of 1980, is amended to read as follows:
S 2311. Sexually transmissible disease list. The commissioner shall
promulgate a list of sexually transmissible diseases, such as gonorrhea
[and], syphilis, ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HUMAN
IMMUNODEFICIENCY VIRUS INFECTION (HIV), for the purposes of this arti-
cle. The commissioner, in determining the diseases to be included in
such list, shall consider those conditions principally transmitted by
sexual contact and the impact of particular diseases on individual
morbidity and the health of newborns.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of the foregoing sections of this act
on their effective date are authorized and directed to be made and
completed on or before such effective date.