Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S8129
Signed By GovernorSponsored By
Kemp Hannon
(R, C, IP) 0 Senate District
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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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) - Sponsor Memo
BILL NUMBER: S8129 TITLE OF BILL : An act to amend the public health law, in relation to HIV-related testing; and to amend the education law, in relation to screening for certain diseases PURPOSE : To support New York's Ending the Epidemic initiative to decrease the prevalence of HIV infections in the state. SUMMARY OF PROVISIONS : Section 1 of the bill would amend Public Health Law (PHL) § 2781 to remove provisions related to requiring informed consent from an individual prior to performing an HIV related test. The amendments would require that, at a minimum, the individual be advised that an HIV related test is going to being performed, and that any objection by the individual be noted in the individual's medical record. Section 2 would amend PHL § 2781-a(1) to eliminate the existing upper age limit for purposes of offering an HIV related test. Current statute limits the mandatory offering to individuals between thirteen and sixty-four years of age. Section 3 of the bill would amend Education Law (Educ. L.) § 6527 to
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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