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.
LBD12090-01-6
S. 8129 2
HIV related test will be conducted at such time, and shall note the
notification in the patient's record.
3.] A person ordering the performance of an HIV related test shall
provide either directly or through a representative to the subject of an
HIV related test or, if the subject lacks capacity to consent, to a
person authorized pursuant to law to consent to health care for the
subject, an explanation that:
(a) HIV causes AIDS and can be transmitted through sexual activities
and needle-sharing, by pregnant women to their fetuses, and through
breastfeeding infants;
(b) there is treatment for HIV that can help an individual stay heal-
thy;
(c) individuals with HIV or AIDS can adopt safe practices to protect
uninfected and infected people in their lives from becoming infected or
multiply infected with HIV;
(d) testing is voluntary and can be done anonymously at a public test-
ing center;
(e) the law protects the confidentiality of HIV related test results;
(f) the law prohibits discrimination based on an individual's HIV
status and services are available to help with such consequences; and
(g) the law [allows an individual's informed consent for HIV related
testing to be valid for such testing until such consent is revoked by
the subject of the HIV related test] REQUIRES THAT AN INDIVIDUAL BE
ADVISED BEFORE AN HIV-RELATED TEST IS PERFORMED, AND THAT NO TEST SHALL
BE PERFORMED OVER HIS OR HER OBJECTION.
Protocols shall be in place to ensure compliance with this section.
S 2. 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 of] AGE thirteen and [sixty-four
years] OLDER (or younger [or older] THAN THIRTEEN if there is evidence
or indication of risk activity) who receives health services as an inpa-
tient 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 practitioner, or midwife providing primary care shall IN ACCORD-
ANCE WITH SUBDIVISION ONE OF SECTION TWO THOUSAND SEVEN HUNDRED EIGHTY-
ONE OF THIS ARTICLE be offered an HIV related test unless the health
care practitioner providing such services reasonably 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 indi-
cated); or (c) the individual lacks capacity to consent to an HIV
related test.
S 3. Subdivision 6 of section 6527 of the education law is amended by
adding a new paragraph (g) to read as follows:
(G) SCREENING OF PERSONS AT INCREASED RISK OF SYPHILIS, GONORRHEA AND
CHLAMYDIA.
S 4. Subdivision 4 of section 6909 of the education law is amended by
adding a new paragraph (g) to read as follows:
(G) SCREENING OF PERSONS AT INCREASED RISK FOR SYPHILIS, GONORRHEA AND
CHLAMYDIA.
S 5. Section 6527 of the education law is amended by adding a new
subdivision 7-a to read as follows:
S. 8129 3
7-A. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR
DISPENSING UP TO A SEVEN DAY STARTER PACK OF HIV POST-EXPOSURE PROPHY-
LAXIS FOR THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY VIRUS
INFECTION FOLLOWING A POTENTIAL HUMAN IMMUNODEFICIENCY VIRUS EXPOSURE.
S 6. Section 6909 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A PATIENT
SPECIFIC ORDER OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST,
PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH
LAW, FOR DISPENSING UP TO A SEVEN DAY STARTER PACK OF HIV POST-EXPOSURE
PROPHYLAXIS FOR THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY VIRUS
INFECTION FOLLOWING A POTENTIAL HUMAN IMMUNODEFICIENCY VIRUS EXPOSURE.
S 7. Section 6801 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR
DISPENSING UP TO A SEVEN DAY STARTER PACK OF HIV POST-EXPOSURE PROPHY-
LAXIS MEDICATIONS FOR THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY
VIRUS INFECTION, BY A PHYSICIAN LICENSED IN THIS STATE OR NURSE PRACTI-
TIONER CERTIFIED IN THIS STATE, PURSUANT TO RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH FOLLOWING A POTENTIAL HUMAN IMMUNODEFICIENCY VIRUS EXPOSURE.
S 8. This act shall take effect immediately; provided, however, the
amendments to section 6801 of the education law made by section seven of
this act shall not affect the expiration of such section and shall be
deemed to expire therewith.