senate Bill S8129

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 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 28, 2016 signed chap.502
Nov 16, 2016 delivered to governor
Jun 16, 2016 returned to senate
passed assembly
ordered to third reading rules cal.484
substituted for a10724
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1892
Jun 13, 2016 referred to rules

S8129 (ACTIVE) - Details

See Assembly Version of this Bill:
A10724
Law Section:
Public Health Law
Laws Affected:
Amd §§2781 & 2781-a, Pub Health L; amd §§6527, 6909 & 6801, Ed L

S8129 (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.

S8129 (ACTIVE) - Sponsor Memo

S8129 (ACTIVE) - Bill Text download pdf

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

                                  8129

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced  by Sen. HANNON -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

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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