S T A T E O F N E W Y O R K
________________________________________________________________________
3607
2011-2012 Regular Sessions
I N S E N A T E
February 28, 2011
___________
Introduced by Sen. STAVISKY -- 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 directing clinical
laboratories to provide results of tests directly to the person on
whom the test was performed
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
576-d to read as follows:
S 576-D. RELEASE OF TEST RESULTS TO PATIENTS. 1. A CLINICAL LABORATORY
SHALL, UPON REQUEST, REPORT THE RESULTS OF ANY TEST, EXAMINATION OR
ANALYSIS OF A SPECIMEN SUBMITTED FOR EVIDENCE OF HUMAN DISEASE OR
MEDICAL CONDITION DIRECTLY TO THE PERSON ON WHOM THE TEST WAS PERFORMED,
IN ADDITION TO THE PHYSICIAN WHO ORDERED SUCH TEST OR EXAMINATION.
2. NOTHING IN THIS SECTION SHALL AUTHORIZE A CLINICAL LABORATORY TO
ENGAGE IN THE PRACTICE OF ANY HEALTH CARE PROFESSION UNDER TITLE EIGHT
OF THE EDUCATION LAW. THE REPORT ISSUED PURSUANT TO THIS SECTION SHALL
CONTAIN A CLEAR STATEMENT, PRESENTED IN A PROMINENT MANNER, TO THE
EFFECT THAT THE REPORT SHOULD NOT BE VIEWED AS MEDICAL ADVICE AND IS NOT
MEANT TO REPLACE DIRECT COMMUNICATION WITH A PHYSICIAN OR OTHER HEALTH
CARE PRACTITIONER.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09642-01-1