Assembly Bill A4974

2009-2010 Legislative Session

Requires hospital to offer DNA testing of newborns or take blood samples from newborns for future DNA testing

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A4974 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2500-k, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2756
2013-2014: A3969
2015-2016: A1736
2017-2018: A1076

2009-A4974 (ACTIVE) - Summary

Requires hospitals to provide parents of newborns with the option to have a DNA test performed on their child or have a blood sample taken from the child and preserved for future DNA testing.

2009-A4974 (ACTIVE) - Bill Text download pdf 

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

                                  4974

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M. of A. BRODSKY, GALEF -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to  requiring  hospi-
  tals  to  provide  DNA  testing of newborns or take blood samples from
  newborns for future DNA testing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2500-k to read as follows:
  S 2500-K. DNA TESTING OF  NEWBORNS.  1.  EVERY  GENERAL  OR  OBSTETRIC
HOSPITAL  SHALL  PROVIDE  DNA  TESTING OF NEWBORNS OR TAKE BLOOD SAMPLES
FROM NEWBORNS AND PRESERVE SUCH SAMPLES IN A MANNER THAT DNA TESTING MAY
BE PERFORMED THEREON IN THE FUTURE. SUCH  TESTING  OR  TAKING  OF  BLOOD
SHALL ONLY BE PERFORMED IF THE CHILD'S MOTHER AND FATHER, IF SUCH FATHER
IS  READILY IDENTIFIABLE AND AVAILABLE, CONSENT IN WRITING TO HAVE A DNA
TEST PERFORMED ON THEIR CHILD OR HAVE A  BLOOD  SAMPLE  TAKEN  FROM  THE
CHILD FOR FUTURE DNA TESTING.
  2. EVERY GENERAL OR OBSTETRIC HOSPITAL SHALL PROVIDE WRITTEN NOTICE OF
THE PROVISIONS OF THIS SECTION TO THE MOTHER OF EVERY CHILD BORN IN SUCH
HOSPITAL WITHIN TWENTY-FOUR HOURS OF THE BIRTH.
  3.  THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4. FOR THE PURPOSES OF THIS SECTION, "DNA" SHALL MEAN DEOXYRIBONUCLEIC
ACID.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.  Effective immediately
that  any  rules and regulations necessary for the timely implementation
of this act on its effective date are  authorized  and  directed  to  be
promulgated on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08224-01-9

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