NY State Senate Bill 2009-S5660

Archive: Last Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
May 26, 2009	referred to health

2009-S5660 (ACTIVE) - Details

See Assembly Version of this Bill:: A7892
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2781, 2135, 2780, 2130, 2782 & 2786, add §2781-a, Pub Health L

2009-S5660 (ACTIVE) - Summary

Relates to testing for HIV.

2009-S5660 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5660

 TITLE OF BILL :
An act to amend the public health law, in relation to testing for the
human immunodeficiency virus


 PURPOSE OR GENERAL IDEA OF BILL :
This bill modernizes provisions of New York State's Public Health Law
to reflect advances in diagnosis and treatment of HIV/AIDS since the
law was written two decades ago. It is critical these laws be
modernized to allow jurisdictions to complement their education and
prevention efforts with a focus toward diagnosing people earlier and
linking them to effective medical treatment as soon as possible after
diagnosis.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends the public health law to restructure the prerequisites for HIV
testing.

§1 §2781

1 amends the counseling and testing provisions of Article 27-P of the
Public Health Law, by adding to the current statutory testing
provisions the option of documented oral informed consent. This
informed consent must be signed in the event that a rapid HIV related

test must be administrated and the person ordering the test does not
Inane the capacity at the site of the rapid HIV test to perform other
medical care.

2 clarifies information needed to be disclosed to the patient about
HIV.

3 provides that the consent form must have a clearly marked place
adjacent to the subject's signature where the subject may decline HIV
testing. The subject must also be notified if further HIV tests were
to be completed.

4 allows a representative of the person authorized to perform the HIV
related test to find out if the subject would like to stay anonymous
and to provide written consent.

5-a mandates the person authorized to perform the HIV related test to
scheduled a follow-up medical care appointment with the subject, who
provided consent to do so, of a test that has indicated evidence of an
HIV infection.

6 outlines the provisions that shall not apply to the performance of
an HIV related test.

§2 §2781-a

1 requires that every individual who receives services as an inpatient
or in the emergency department or in the diagnostic and treatment
center or who received primary care as an outpatient or in other
mental care settings between the ages of 13-64 be offered an HIV test.

2 defines primary care.

3 provides that the offering of HIV related testing will be culturally
and linguistically appropriate.

4 lists who this section does not affect.

§2135 lists when reports or information shall not be kept
confidential.
§4 further clarifies the definition of HIV related test.

§5 requires that persons authorized to order diagnostic tests report
to the commissioner when it is found that the subject is infected with
AIDS.

§6 clarifies the disclosure process.

§7 adds that an executor or administrator of an estate shall have
access to the HIV information of a deceased person if that information
is needed to fulfill her or her duties. 58 states the duties of the
commissioner.

§9 mandates that the commission evaluate the impact of this act by
September 1, 2011 and report it.

§10 contains the effective date.

 JUSTIFICATION :
New York City continues to be the epicenter of the HIV/AIDS epidemic
in the United States, with more than one in six of all AIDS cases in
the country. More than 100,000 persons in New York City are living
with HIV today, but thousands do not know they are infected. Each
year, more than 1,000 people in NYC first learn they have HIV when
they are already sick with AIDS. These individuals often miss the
opportunity to receive the care they need to stay healthy, and many
unknowingly spread HIV in their community.  Late diagnosis is more
common among African-Americans and Latinos (85% of late diagnoses are
among these groups: 55* among African-Americans and 30% among
Latinos). African-American men are 6 times more likely to die of AIDS
than white men, and the death rate among African-American women is
nine times higher than among white women.  Hispanic men and women are
four times more likely to die of AIDS than white men and women. This
bill modernizes provisions of New York State's Public Health Law to
reflect advances in diagnosis and treatment of HIV/AIDS since the law
was written two decades ago. It is critical these laws be modernized
to allow jurisdictions to complement their education and prevention
efforts with a focus toward diagnosing people earlier and linking them
to effective medical treatment as soon as possible after diagnosis.
This legislation will reduce the spread of HIV by reducing barriers to
testing and improve health outcomes for persons living with HIV/AIDS
by linking more HIV-infected persons to early care.  voluntary HIV
testing needs to be a routine part of medical care in the Same manner
as testing for other treatable conditions. It also needs to be. more
readily available in non-clinical and community settings. HIV can be
detected by reliable, available, non-invasive screening tests, and if
treatment is initiated early, infected patients will live longer and
healthier lives. Despite new screening and testing technologies,
separate written consent forms and prescriptive pre-test counseling
mandates continue to discourage many physicians from offering HIV
tests as a part of routine medical care.  This bill restructures the
current law's rigid counseling and testing requirements in several
ways. First, the bill replaces the mandate for separate written
consent with a mandate for informed consent which may be obtained
either orally or in writing; it includes criteria for establishing
"informed consent"; and for situations where rapid HIV testing is
available but the testing site does not have the capacity to offer
additional medical care, the bill requires informed consent be in
writing. Second, the bill streamlines current pre-test counseling
requirements and allows such requirements to be satisfied. either
orally or in writing. These requirements include informing the patient
that HIV causes AIDS; that treatment is available for people living
with HIV; that people living with HIV or AIDS can protect individuals
around him/her from being infected; and that the HIV test is voluntary
and the results will be kept confidential. Finally, the bill requires
post-test counseling following HIV -negative test result s. This
counseling must provide the subject of an HIV, negative test with
information concerning the risks of participating in high risk sexual
or needle-sharing behavior. Requirements for post test counseling
following a n HIV -positive test are unchanged, however a new
provision is added requiring providers, with the individual's consent,
to arrange for a follow-up appointment for medical care for HIV.
Continuing the status quo is unacceptable-New York simply cannot
continue as the AIDS capital of the united States. Technologies and
treatments exist today that weren't available when the public Health
Law governing HIV testing was established. The opportunity exists to
stop this epidemic by making HIV testing a routine part of medical
care. Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

 PRIOR HISTORY :
A.11958 2006, Died in Health committee. A6825 2008, Died in Health
Committee.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This Act shall take effect September 1, 2009.

2009-S5660 (ACTIVE) - Bill Text download pdf

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

                                  5660

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 26, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- 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  testing  for  the
  human immunodeficiency virus

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

  Section 1. Section 2781 of the public health law, as added by  chapter
584  of  the  laws  of  1988, paragraph (d) of subdivision 6 as added by
chapter 220 of the laws of 1996, and subdivision 7 as added  by  chapter
429 of the laws of 2005, is amended to read as follows:
  S  2781.  HIV  related testing. 1. Except as provided in section three
thousand one hundred twenty-one of the civil practice law and rules,  or
unless  otherwise  specifically  authorized  or  required  by a state or
federal law, no person shall order the performance  of  an  HIV  related
test  without  first  receiving  the  [written,] informed consent of the
subject of the test who has capacity to consent  or,  when  the  subject
lacks  capacity  to  consent,  of a person authorized pursuant to law to
consent to health care for such individual.  A physician or other person
authorized pursuant to law to order the performance of  an  HIV  related
test  shall  certify, in the order for the performance of an HIV related
test, that informed consent [required by this section] has been received
prior to ordering such test by a laboratory  or  other  facility  EITHER
PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION OR IN THE EVENT THAT THE
INFORMED CONSENT IS ORAL, SHALL DOCUMENT IN THE MEDICAL  RECORD  OF  THE
INDIVIDUAL  THAT  INFORMED CONSENT HAS BEEN GIVEN. SUCH INFORMED CONSENT
SHALL BE IN WRITING AND SIGNED BY THE INDIVIDUAL IN THE EVENT  THAT  THE
PERSON  ORDERING  THE TEST IS ORDERING A RAPID HIV RELATED TEST AND DOES
NOT HAVE THE CAPACITY AT THE SITE OF SUCH RAPID TEST  TO  PERFORM  OTHER
MEDICAL CARE.
  2.  [Informed consent to an HIV related test shall consist of a state-
ment signed by the subject of the test who has capacity to  consent  or,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11322-04-9

S. 5660                             2

when  the  subject  lacks  capacity  to  consent, by a person authorized
pursuant to law to consent to health care for the subject which includes
at least the following:
  (a)  an explanation of the test, including its purpose, the meaning of
its results, and the benefits of  early  diagnosis  and  medical  inter-
vention; and
  (b)  an  explanation  of the procedures to be followed, including that
the test is voluntary, that consent may be withdrawn at any time, and  a
statement advising the subject that anonymous testing is available; and
  (c)  an explanation of the confidentiality protections afforded confi-
dential HIV  related  information  under  this  article,  including  the
circumstances  under  which and classes of persons to whom disclosure of
such information may be required, authorized  or  permitted  under  this
article or in accordance with other provisions of law or regulation.
  3.]  Prior  to  [the execution of a written] THE OBTAINING OF informed
consent, a person ordering the performance of an HIV related test  shall
provide  ORALLY  OR IN WRITING to the subject of an HIV related test or,
if the subject lacks capacity to consent, to a person authorized  pursu-
ant  to law to consent to health care for the subject, an explanation of
[the nature of AIDS and HIV related illness, information about discrimi-
nation problems that disclosure of the test result could cause and legal
protections against such discrimination, and information about  behavior
known  to  pose risks for transmission and contraction of HIV infection]
THE FACTS THAT HIV CAUSES AIDS, THAT THERE IS TREATMENT FOR HIV THAT CAN
HELP AN INDIVIDUAL STAY HEALTHY, THAT AN INDIVIDUAL WITH HIV OR AIDS CAN
PROTECT THE INDIVIDUALS AROUND HIM OR HER FROM BEING INFECTED, THAT  THE
TEST  IS VOLUNTARY, AND THAT THE RESULTS OF THE TEST WILL BE KEPT CONFI-
DENTIAL.
  3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NOTHING SHALL
PROHIBIT A HEALTH CARE PROVIDER FROM COMBINING A  FORM  USED  TO  OBTAIN
INFORMED CONSENT FOR HIV RELATED TESTING WITH FORMS USED TO OBTAIN WRIT-
TEN CONSENT FOR GENERAL MEDICAL CARE OR ANY OTHER MEDICAL TEST OR PROCE-
DURE.  WHERE  A  WRITTEN CONSENT TO HIV RELATED TESTING IS INCLUDED IN A
SIGNED GENERAL CONSENT TO MEDICAL CARE FOR THE SUBJECT OF THE TEST OR IN
A SIGNED CONSENT TO ANY HEALTH CARE SERVICE FOR THE SUBJECT OF THE TEST,
THE CONSENT FORM SHALL HAVE A  CLEARLY  MARKED  PLACE  ADJACENT  TO  THE
SIGNATURE  WHERE  THE  SUBJECT  OF  THE  TEST, OR WHEN THE SUBJECT LACKS
CAPACITY TO CONSENT, A PERSON AUTHORIZED PURSUANT TO LAW TO  CONSENT  TO
HEALTH  CARE  FOR  SUCH  INDIVIDUAL,  SHALL  BE  GIVEN AN OPPORTUNITY TO
SPECIFICALLY DECLINE IN WRITING HIV  RELATED  TESTING  ON  SUCH  GENERAL
CONSENT.  AN  INFORMED  CONSENT FOR HIV RELATED TESTING PURSUANT TO THIS
SECTION SHALL BE VALID FOR SUCH TESTING UNTIL SUCH CONSENT IS REVOKED OR
EXPIRES BY ITS TERMS. EACH TIME THAT AN  HIV  RELATED  TEST  IS  ORDERED
PURSUANT  TO  WRITTEN  INFORMED CONSENT IN ACCORDANCE WITH THIS SECTION,
THE PHYSICIAN OR OTHER PERSON AUTHORIZED PURSUANT TO LAW  TO  ORDER  THE
PERFORMANCE  OF  THE  HIV RELATED TEST, OR SUCH PERSON'S REPRESENTATIVE,
SHALL ORALLY NOTIFY THE SUBJECT OF THE TEST OR, WHEN THE  SUBJECT  LACKS
CAPACITY  TO  CONSENT, A PERSON AUTHORIZED PURSUANT TO LAW TO CONSENT TO
HEALTH CARE FOR SUCH INDIVIDUAL,  THAT  AN  HIV  RELATED  TEST  WILL  BE
CONDUCTED AT SUCH TIME, AND SHALL NOTE THE NOTIFICATION IN THE PATIENT'S
RECORD.
  4.  A person authorized pursuant to law to order the performance of an
HIV  related  test shall provide DIRECTLY OR THROUGH A REPRESENTATIVE to
the person seeking such test an opportunity to remain anonymous  and  to
provide  written, informed consent through use of a coded system with no
linking of individual identity to the test request or results. A  health

S. 5660                             3

care  provider  who is not authorized by the commissioner to provide HIV
related tests on an anonymous basis shall refer a person who requests an
anonymous test to a test site which does provide anonymous testing.  The
provisions of this subdivision shall not apply to a health care provider
ordering  the  performance  of  an  HIV  related  test  on an individual
proposed for insurance coverage.
  5.  At the time of communicating the test result to the subject of the
test, a person ordering the performance of an HIV  related  test  shall,
DIRECTLY  OR  THROUGH  A REPRESENTATIVE IN THE CASE OF A TEST INDICATING
EVIDENCE OF HIV INFECTION, provide the subject of the test  or,  if  the
subject lacks capacity to consent, the person authorized pursuant to law
to  consent to health care for the subject, with counseling or referrals
for counseling:   (a) for coping  with  the  emotional  consequences  of
learning  the  result;  (b)  regarding  the discrimination problems that
disclosure of the result could cause; (c) for behavior change to prevent
transmission or contraction of HIV infection; (d) to inform such  person
of  available medical treatments; and (e) regarding the [test subject's]
need to notify his or her contacts.
  5-A. WITH THE CONSENT OF THE SUBJECT OF A TEST INDICATING EVIDENCE  OF
HIV  INFECTION  OR,  IF  THE SUBJECT LACKS CAPACITY TO CONSENT, WITH THE
CONSENT OF THE PERSON AUTHORIZED PURSUANT TO LAW TO  CONSENT  TO  HEALTH
CARE  FOR THE SUBJECT, THE PERSON WHO ORDERED THE PERFORMANCE OF THE HIV
RELATED TEST, OR SUCH PERSON'S REPRESENTATIVE, SHALL PROMPTLY PROVIDE OR
ARRANGE WITH A HEALTH CARE PROVIDER FOR  AN  APPOINTMENT  FOR  FOLLOW-UP
MEDICAL CARE FOR HIV FOR SUCH SUBJECT.
  6.   The provisions of this section shall not apply to the performance
of an HIV related test:
  (a) by a health care provider or health facility in  relation  to  the
procuring,  processing,  distributing  or use of a human body or a human
body part, including organs,  tissues,  eyes,  bones,  arteries,  blood,
semen,  or other body fluids, for use in medical research or therapy, or
for transplantation to individuals provided,  however,  that  where  the
test  results  are communicated to the subject, post-test counseling, as
described in subdivision five of  this  section,  shall  nonetheless  be
required; or
  (b)  for  the  purpose  of  research  if the testing is performed in a
manner by which the identity of the test subject is not  known  and  may
not be retrieved by the researcher; or
  (c) on a deceased person, when such test is conducted to determine the
cause of death or for epidemiological purposes[.]; OR
  (d)  conducted pursuant to section twenty-five hundred-f of this chap-
ter[.]; OR
  (E) IN SITUATIONS INVOLVING  OCCUPATIONAL  EXPOSURES  WHICH  CREATE  A
SIGNIFICANT  RISK  OF  CONTRACTING  OR  TRANSMITTING  HIV  INFECTION, AS
DEFINED IN REGULATIONS OF  THE  DEPARTMENT  AND  PURSUANT  TO  PROTOCOLS
ADOPTED  BY THE DEPARTMENT, (I) PROVIDED THAT: (A) THE PERSON WHO IS THE
SOURCE OF THE OCCUPATIONAL EXPOSURE IS DECEASED, COMATOSE OR  IS  DETER-
MINED  BY  HIS  OR HER ATTENDING HEALTH CARE PROFESSIONAL TO LACK MENTAL
CAPACITY TO CONSENT TO  AN  HIV  RELATED  TEST  AND  IS  NOT  REASONABLY
EXPECTED  TO RECOVER IN TIME FOR THE EXPOSED PERSON TO RECEIVE APPROPRI-
ATE MEDICAL TREATMENT, AS DETERMINED BY THE EXPOSED  PERSON'S  ATTENDING
HEALTH  CARE PROFESSIONAL WHO WOULD ORDER OR PROVIDE SUCH TREATMENT; (B)
THERE IS NO PERSON AVAILABLE OR REASONABLY LIKELY  TO  BECOME  AVAILABLE
WHO HAS THE LEGAL AUTHORITY TO CONSENT TO THE HIV RELATED TEST ON BEHALF
OF THE SOURCE PERSON IN TIME FOR THE EXPOSED PERSON TO RECEIVE APPROPRI-
ATE MEDICAL TREATMENT; AND (C) THE EXPOSED PERSON WILL BENEFIT MEDICALLY

S. 5660                             4

BY  KNOWING  THE  SOURCE PERSON'S HIV TEST RESULTS, AS DETERMINED BY THE
EXPOSED PERSON'S HEALTH CARE PROFESSIONAL AND DOCUMENTED IN THE  EXPOSED
PERSON'S  MEDICAL  RECORD; (II) IN WHICH CASE (A) A PROVIDER SHALL ORDER
AN  ANONYMOUS HIV TEST OF THE SOURCE PERSON; AND (B) THE RESULTS OF SUCH
ANONYMOUS TEST, BUT NOT THE IDENTITY OF  THE  SOURCE  PERSON,  SHALL  BE
DISCLOSED  ONLY TO THE ATTENDING HEALTH CARE PROFESSIONAL OF THE EXPOSED
PERSON SOLELY FOR THE PURPOSE OF ASSISTING THE EXPOSED PERSON IN  MAKING
APPROPRIATE DECISIONS REGARDING POST-EXPOSURE MEDICAL TREATMENT; AND (C)
THE  RESULTS  OF THE TEST SHALL NOT BE DISCLOSED TO THE SOURCE PERSON OR
PLACED IN THE SOURCE PERSON'S MEDICAL RECORD.
  7.  In the event that an HIV related test is ordered by a physician or
certified nurse practitioner pursuant to the provisions of the education
law providing for non-patient specific regimens, then for  the  purposes
of this section the individual administering the test shall be deemed to
be the individual ordering the test.
  S  2.  The public health law is amended by adding a new section 2781-a
to read as follows:
  S 2781-A. REQUIRED OFFERING OF HIV RELATED TESTING. 1. EVERY  INDIVID-
UAL  BETWEEN  THE  AGES  OF THIRTEEN AND SIXTY-FOUR YEARS (OR YOUNGER OR
OLDER IF THERE IS EVIDENCE OR INDICATION OF RISK ACTIVITY) WHO  RECEIVES
HEALTH  SERVICES  AS  AN  INPATIENT  OR IN THE EMERGENCY DEPARTMENT OF A
GENERAL HOSPITAL DEFINED IN  SUBDIVISION  TEN  OF  SECTION  TWENTY-EIGHT
HUNDRED  ONE OF THIS CHAPTER OR WHO RECEIVES PRIMARY CARE SERVICES IN AN
OUTPATIENT DEPARTMENT OF SUCH HOSPITAL OR IN A DIAGNOSTIC AND  TREATMENT
CENTER  LICENSED  UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR IN OTHER
MEDICAL HEALTH CARE SETTINGS LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS
CHAPTER SHALL BE OFFERED AN HIV RELATED  TEST  UNLESS  THE  HEALTH  CARE
PRACTITIONER  PROVIDING  SUCH SERVICES REASONABLY BELIEVES THAT: (A) THE
INDIVIDUAL IS BEING TREATED FOR A LIFE THREATENING EMERGENCY; OR (B) THE
INDIVIDUAL HAS PREVIOUSLY BEEN OFFERED OR HAS BEEN THE SUBJECT OF AN HIV
RELATED TEST (EXCEPT THAT A TEST SHALL BE  OFFERED  IF  OTHERWISE  INDI-
CATED);  OR  (C)  THE  INDIVIDUAL  LACKS  CAPACITY  TO CONSENT TO AN HIV
RELATED TEST.
  2. AS USED IN THIS SECTION, "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF
FAMILY MEDICINE, GENERAL PEDIATRICS, PRIMARY  CARE,  INTERNAL  MEDICINE,
PRIMARY  CARE  OBSTETRICS, OR PRIMARY CARE GYNECOLOGY, WITHOUT REGARD TO
BOARD CERTIFICATION.
  3. THE OFFERING OF HIV RELATED TESTING UNDER  THIS  SECTION  SHALL  BE
CULTURALLY  AND  LINGUISTICALLY APPROPRIATE IN ACCORDANCE WITH RULES AND
REGULATIONS PROMULGATED BY THE COMMISSIONER.
  4. THIS SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF  ANY  HEALTH
CARE  PRACTITIONER  OR  DIMINISH  ANY AUTHORITY OR LEGAL OR PROFESSIONAL
OBLIGATION OF ANY HEALTH CARE PRACTITIONER TO OFFER AN HIV RELATED  TEST
OR TO PROVIDE SERVICES OR CARE FOR THE SUBJECT OF AN HIV RELATED TEST.
  S 3. Section 2135 of the public health law, as added by chapter 163 of
the laws of 1998, is amended to read as follows:
  S  2135.  Confidentiality.  All  reports or information secured by the
department, municipal health commissioner  or  district  health  officer
under the provisions of this title shall be confidential except:
  1.  in  so  far  as  is  necessary to carry out the provisions of this
title;
  2. WHEN USED IN THE AGGREGATE, WITHOUT  PATIENT  SPECIFIC  IDENTIFYING
INFORMATION,  IN  PROGRAMS APPROVED BY THE COMMISSIONER FOR THE IMPROVE-
MENT OF THE QUALITY OF MEDICAL CARE PROVIDED TO PERSONS  WITH  HIV/AIDS;
OR

S. 5660                             5

  3.  WHEN  USED  WITHIN  THE STATE OR LOCAL HEALTH DEPARTMENT BY PUBLIC
HEALTH DISEASE  PROGRAMS  TO  ASSESS  CO-MORBIDITY  OR  COMPLETENESS  OF
REPORTING  AND  TO  DIRECT PROGRAM NEEDS, IN WHICH CASE PATIENT SPECIFIC
IDENTIFYING INFORMATION SHALL NOT BE  DISCLOSED  OUTSIDE  THE  STATE  OR
LOCAL HEALTH DEPARTMENT.
  S  4. Subdivision 4 of section 2780 of the public health law, as added
by chapter 584 of the laws of 1988, is amended to read as follows:
  4. "HIV related test" means any laboratory test  or  series  of  tests
[for  any virus, antibody, antigen or etiologic agent whatsoever thought
to cause or to indicate the presence of AIDS] APPROVED FOR THE DIAGNOSIS
OF HIV.
  S 5. Subdivision 1 of section 2130 of the public health law, as  added
by chapter 163 of the laws of 1998, is amended to read as follows:
  1. Every physician or other person authorized by law to order diagnos-
tic tests or make a medical diagnosis, or any laboratory performing such
tests  shall  immediately (a) upon [initial] determination that a person
is infected with human  immunodeficiency  virus  (HIV),  [or]  (b)  upon
[initial] diagnosis that a person is afflicted with the disease known as
acquired  immune  deficiency  syndrome  (AIDS),  [or] (c) upon [initial]
diagnosis that a person is afflicted with HIV  related  illness,  report
such case to the commissioner.
  S  6.  Paragraph  (a)  of  subdivision 5 of section 2782 of the public
health law, as added by chapter 584 of the laws of 1988, is  amended  to
read as follows:
  (a)  Whenever  disclosure  of  confidential HIV related information is
made pursuant to this article, except for disclosures made  pursuant  to
[paragraph]  PARAGRAPHS  (a),  (D)  AND  (I)  of subdivision one of this
section or paragraph (a) or (e) of subdivision  four  of  this  section,
such disclosure shall be accompanied or followed by a statement in writ-
ing  which  includes  the  following  or substantially similar language:
"This information has been disclosed to you  from  confidential  records
which  are  protected  by state law. State law prohibits you from making
any further disclosure of this information without the specific  written
consent  of the person to whom it pertains, or as otherwise permitted by
law. Any unauthorized further disclosure in violation of state  law  may
result  in  a fine or jail sentence or both. A general authorization for
the release of medical or other information is NOT  sufficient  authori-
zation  for further disclosure." An oral disclosure shall be accompanied
or followed by such a notice within ten days.
  S 7. Subdivision 1 of section 2782 of the public health law is amended
by adding a new paragraph (q) to read as follows:
  (Q) AN EXECUTOR OR AN ADMINISTRATOR OF AN ESTATE SHALL HAVE ACCESS  TO
THE  CONFIDENTIAL  HIV  INFORMATION  OF  A  DECEASED PERSON AS NEEDED TO
FULFILL HIS OR HER RESPONSIBILITIES/DUTIES AS AN EXECUTOR OR ADMINISTRA-
TOR.
  S 8. Subdivision 1 of section 2786 of the public health law, as  added
by chapter 584 of the laws of 1988, is amended to read as follows:
  1.  The commissioner shall promulgate rules and regulations concerning
implementation of  this  article  for  health  facilities,  health  care
providers  and  other  persons  to  whom this article is applicable. The
commissioner shall also develop STANDARDIZED MODEL forms to be used  for
informed  consent  for HIV related testing and for the release of confi-
dential HIV related information and materials for pre-test counseling as
required by subdivision [three]  TWO  of  section  twenty-seven  hundred
eighty-one  of this article, and for post-test counseling as required by
subdivision five of section  twenty-seven  hundred  eighty-one  of  this

S. 5660                             6

article.  Persons,  health  facilities and health care providers may use
forms for informed consent for HIV related testing, and for the  release
of confidential HIV related information other than those forms developed
pursuant  to this section, provided [that the person, health facility or
health care provider doing so receives  prior  authorization  from]  THE
FORMS CONTAINED INFORMATION CONSISTENT WITH THE STANDARDIZED MODEL FORMS
DEVELOPED  BY  the  commissioner PURSUANT TO THIS SUBDIVISION. All forms
developed or [authorized] USED pursuant to this section shall be written
in a clear and coherent manner using words with common,  everyday  mean-
ings. The commissioner, in consultation with the AIDS institute advisory
council,  shall  promulgate  regulations to identify those circumstances
which create a significant  risk  of  contracting  or  transmitting  HIV
infection;  provided, however, that such regulations shall not be deter-
minative of any significant risk determined pursuant to paragraph (a) of
subdivision four of section twenty-seven hundred eighty-two  or  section
twenty-seven hundred eighty-five of this article.
  S  9.  On or before September 1, 2011 the commissioner of health shall
evaluate the impact of this act with respect to the  number  of  persons
who  are  tested  for HIV infection and the number of persons who access
care and treatment. Such report shall be submitted to the  governor  and
to the chairs of the assembly and senate committees on health.
  S 10. This act shall take effect September 1, 2009; provided, however,
that  the  commissioner of health is authorized to adopt rules and regu-
lations necessary to implement the provisions of this act prior to  such
effective date.

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Senate Bill S5660

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2009-S5660 (ACTIVE) - Details

2009-S5660 (ACTIVE) - Summary

2009-S5660 (ACTIVE) - Sponsor Memo

2009-S5660 (ACTIVE) - Bill Text download pdf

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Senate Bill S5660

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Sponsored By

Hiram Monserrate

Archive: Last Bill Status - In Senate Committee Health Committee

2009-S5660 (ACTIVE) - Details

2009-S5660 (ACTIVE) - Summary

2009-S5660 (ACTIVE) - Sponsor Memo

2009-S5660 (ACTIVE) - Bill Text download pdf

Comments