Assembly Bill A10724

Signed By Governor
2015-2016 Legislative Session

Relates to HIV-related testing and to screening for certain diseases

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8129 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A10724 (ACTIVE) - Details

See Senate Version of this Bill:
S8129
Law Section:
Public Health Law
Laws Affected:
Amd §§2781 & 2781-a, Pub Health L; amd §§6527, 6909 & 6801, Ed L

2015-A10724 (ACTIVE) - Summary

Relates to HIV-related testing and to screening for certain diseases; authorizes certain health care professionals to prescribe or execute an order for a seven day starter packet of HIV post-exposure prophylaxis.

2015-A10724 (ACTIVE) - Bill Text download pdf

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

                                  10724

                          I N  A S S E M B L Y

                              June 13, 2016
                               ___________

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

AN  ACT to amend the public health law, in relation to HIV-related test-
  ing; and to amend the education law,  in  relation  to  screening  for
  certain diseases

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

  Section 1. Subdivisions 1, 2 and 3  of  section  2781  of  the  public
health  law, as amended by section 2 of part A of chapter 60 of the laws
of 2014, are 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 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. In order
for there to be informed consent, the person ordering  the  test  shall,
prior  to  obtaining  informed  consent],  at a minimum [advise], ORALLY
ADVISING the protected individual, OR,  WHEN  THE  PROTECTED  INDIVIDUAL
LACKS CAPACITY TO CONSENT, A PERSON AUTHORIZED TO CONSENT TO HEALTH CARE
FOR  SUCH  INDIVIDUAL,  that  an HIV-related test is being performed, OR
OVER THE OBJECTION OF SUCH  INDIVIDUAL  OR  AUTHORIZED  PERSONS.    SUCH
ADVISEMENT AND OBJECTION, WHEN APPLICABLE SHALL BE NOTED IN THE INDIVID-
UAL'S RECORD.
  2.  [Informed consent for HIV related testing pursuant to this section
shall be valid for such testing until such consent is revoked. Each time
that an HIV related test is ordered  pursuant  to  informed  consent  in
accordance  with  this section, the physician or other person authorized
pursuant to law to order the performance of the  HIV  related  test,  or
such  person's  representative,  shall  orally notify the subject of the
test or, when the subject lacks capacity to consent, a person authorized
pursuant to law to consent to health care for such individual,  that  an

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

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