S T A T E O F N E W Y O R K
________________________________________________________________________
10183
I N A S S E M B L Y
May 16, 2016
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to HIV testing; and
to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2781 of the public health law, as
amended by section 2 of part A of chapter 60 of the laws of 2014, is
amended to read as follows:
1. Except as provided in section three thousand one hundred twenty-one
of the civil practice law and rules, or unless otherwise specifically
authorized or required by a state or federal law, no person shall order
the performance of an HIV related test without first having [received
informed consent of] ADVISED the subject of the test who has capacity to
consent or, when the subject lacks capacity to consent, [of] a person
authorized pursuant to law to consent to health care for such
individual, THAT AN HIV RELATED TEST IS BEING ORDERED OR PERFORMED, AND
SHALL NOT ORDER OR PERFORM THE TEST IF CONSENT TO THE TEST IS REFUSED.
[In order for there to be informed consent, the person ordering the test
shall, prior to obtaining informed consent, at a minimum advise the
protected individual that an HIV-related test is being performed.]
S 2. Subdivision 2 of section 2781 of the public health law is
REPEALED.
S 3. Subdivision 1 of section 2781-a of the public health law, as
added by chapter 308 of the laws of 2010, is amended to read as follows:
1. Every individual [between the ages] OVER THE AGE of thirteen [and
sixty-four years] (or younger [or older] if there is evidence or indi-
cation of risk activity) who receives health services as an inpatient or
in the emergency department of a general hospital defined in subdivision
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, nurse practition-
er, or midwife providing primary care shall be offered an HIV related
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15339-06-6
A. 10183 2
test unless the health care practitioner providing such services reason-
ably 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 an HIV related test (except that a test shall
be offered if otherwise indicated); or (c) the individual lacks capacity
to consent to an HIV related test.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.