senate Bill S384

2011-2012 Legislative Session

Provides treatment for sexually transmissible diseases to minors without a parent's or guardian's consent

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jan 05, 2011 referred to health

Co-Sponsors

S384 - Bill Details

See Assembly Version of this Bill:
A343
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง2305, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S4779B, A6702C

S384 - Bill Texts

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Provides treatment for sexually transmissible diseases to minors without a parent's or guardian's consent; provides definition for health care practitioner.

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BILL NUMBER:S384

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
section 2305 of the
public health law to provide that no person other than a health care
practitioner shall diagnose, treat or prescribe for a person who is
infected with a sexually transmissible disease, or who has been
exposed to infection with a sexually transmissible disease, or
dispense or sell a drug, medicine or remedy for the treatment of such
person except on prescription of a health care practitioner.

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 disproportion-
ately 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
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
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.

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.

With this legislation, it will be clear that regardless of an
individual's age, a person may receive from a health care
practitioner the HPV vaccination, and in the case of a person under
the age of eighteen, if he or she has the capacity to consent and
consents.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.4779-B/A.6702-C
Similar to A.9630, 2008, Referred to Health

FISCAL IMPLICATION:
None to the state.

EFFECTIVE DATE:
Immediately.

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

                                   384

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER, ADAMS, PARKER, PERALTA -- 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 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
CONSENT OR KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF  SUCH  PERSON,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00330-01-1

S. 384                              2

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.

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