Senate Bill S4779B

                                 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.

                                 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.