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Assembly Bill A10595

2011-2012 Legislative Session

Requiring hospitals to offer hepatitis C testing

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Archive: Last Bill Status - In Assembly Committee

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2011-A10595 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง2171, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A1286

2011-A10595 (ACTIVE) - Summary

Requires hospitals to offer hepatitis C testing.

2011-A10595 (ACTIVE) - Bill Text download pdf 

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

                                  10595

                          I N  A S S E M B L Y

                              June 7, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to  requiring  hospi-
  tals to offer hepatitis C 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
2171 to read as follows:
  S  2171.  REQUIRED  OFFERING OF HEPATITIS C RELATED TESTING.  1. EVERY
INDIVIDUAL BORN BETWEEN THE YEARS OF  NINETEEN  HUNDRED  FORTY-FIVE  AND
NINETEEN HUNDRED SIXTY-FIVE WHO RECEIVES HEALTH SERVICES AS AN INPATIENT
OR IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL DEFINED IN SUBDIVI-
SION  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 FROM A PHYSICIAN, PHYSICIAN ASSISTANT OR
A NURSE PRACTITIONER PROVIDING PRIMARY CARE SHALL BE OFFERED A HEPATITIS
C 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 A HEPATITIS C RELATED TEST (EXCEPT THAT A TEST SHALL  BE  OFFERED  IF
OTHERWISE INDICATED); OR
  (C)  THE INDIVIDUAL LACKS CAPACITY TO CONSENT TO A HEPATITIS C 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 HEPATITIS C  RELATED  TESTING  UNDER  THIS  SECTION
SHALL  BE  CULTURALLY  AND LINGUISTICALLY APPROPRIATE IN ACCORDANCE WITH
RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16118-01-2

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