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

                                   343

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PAULIN, SCHIMEL, GOTTFRIED, DINOWITZ, MAYERSOHN,
  JACOBS, HOYT, JAFFEE, ROSENTHAL -- Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  BROOK-KRASNY, GABRYSZAK, JEFFRIES, MARKEY, PHEFFER, RUSSELL,
  TITONE, WRIGHT -- read once and referred to the Committee on Health

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

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

  Section 1. Section 2305 of the public health law, as amended by  chap-
ter 878 of the laws of 1980, is amended to read as follows:
  S  2305.  Sexually  transmissible  diseases;  CARE  AND  treatment [by
licensed physician or staff physician of a  hospital;  prescriptions]  ;
CONSENT  BY MINORS.  1. No person, other than a [licensed physician, or,
in a hospital, a staff physician] HEALTH CARE PRACTITIONER, shall  diag-
nose,  treat  or  prescribe for a person who is infected with a sexually
transmissible disease, or who has been exposed to infection with a sexu-
ally transmissible disease, or dispense or  sell  a  drug,  medicine  or
remedy  for  the  treatment  of  such person except on prescription of a
[duly licensed physician] HEALTH CARE PRACTITIONER.
  2. (A) A [licensed physician, or in a hospital,  a  staff  physician,]
HEALTH  CARE PRACTITIONER may diagnose, treat or prescribe TREATMENT FOR
A SEXUALLY TRANSMISSIBLE DISEASE for a person under the age of  [twenty-
one]  EIGHTEEN  years without the consent or knowledge of the parents or
[guardian] GUARDIANS of said person, where such person is infected  with
a  sexually transmissible disease, or has been exposed to infection with
a sexually transmissible disease.
  (B) A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO  THE
PREVENTION  OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING ADMINISTERING
VACCINES, TO A PERSON UNDER  THE  AGE  OF  EIGHTEEN  YEARS  WITHOUT  THE

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

                                                           LBD00330-01-1

A. 343                              2

CONSENT  OR  KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF SUCH PERSON,
PROVIDED THAT THE PERSON HAS CAPACITY TO CONSENT TO  THE  CARE,  WITHOUT
REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.
  (C)  ANY  RELEASE  OF  PATIENT INFORMATION REGARDING VACCINES PROVIDED
UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS.
  3. For the purposes of this section, [the term]
  (A) "hospital" shall mean a hospital as  defined  in  article  twenty-
eight of this chapter; AND
  (B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED
OR  OTHERWISE  AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION
LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
  S 2. This act shall take effect immediately.