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Assembly Bill A10287

2011-2012 Legislative Session

Relates to reports of sexually transmitted diseases

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Archive: Last Bill Status - In Assembly Committee

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2011-A10287 (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd ยง2306, Pub Health L

2011-A10287 (ACTIVE) - Summary

Provides instances where reports of sexually transmitted diseases may be used by health officials without specific identifying information.

2011-A10287 (ACTIVE) - Bill Text download pdf 

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

                                  10287

                          I N  A S S E M B L Y

                              May 18, 2012
                               ___________

Introduced  by  M.  of  A.  PEOPLES-STOKES,  GOTTFRIED  -- read once and
  referred to the Committee on Health

AN ACT to amend the public health law, in relation to reports of sexual-
  ly transmitted diseases

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

  Section  1. Section 2306 of the public health law, as amended by chap-
ter 41 of the laws of 2010, 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. Such report or information may be disclosed by court order in a
criminal proceeding in which it is otherwise admissible or in a proceed-
ing  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 attorney  for
the  child,  provided  that the subject of the report or information has
waived the confidentiality provided for by this section. SUCH REPORT  OR
INFORMATION  MAY  BE  USED AND DISCLOSED (A) WHEN USED IN THE AGGREGATE,
WITHOUT PATIENT SPECIFIC IDENTIFYING INFORMATION, IN  PROGRAMS  APPROVED
BY THE HEALTH OFFICER FOR THE IMPROVEMENT OF THE QUALITY OF MEDICAL CARE
PROVIDED  TO  PERSONS  WITH SEXUALLY TRANSMITTED DISEASES; OR (B) WITHIN
THE STATE HEALTH DEPARTMENT OR  A  LOCAL  HEALTH  DEPARTMENT  BY  PUBLIC
HEALTH  DISEASE  PROGRAMS TO ASSESS CO-MORBIDITY, TO ASSESS COMPLETENESS
OF REPORTING, AND TO DIRECT PROGRAM NEEDS, IN WHICH CASE PATIENT SPECIF-
IC IDENTIFYING INFORMATION SHALL NOT BE DISCLOSED OUTSIDE THE  STATE  OR
LOCAL  HEALTH DEPARTMENT EXCEPT AS OTHERWISE PROVIDED IN 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 attorney may so
consent. An order directing disclosure pursuant to  this  section  shall

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

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