NY State Senate Bill S8129

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

Votes

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

 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

authorize a physician to issue a non-patient specific order for
registered nurses to screen persons at increased risk for syphilis,
gonorrhea and chlamydia.

Section 4 of the bill would amend Educ. L. § 6909 to authorize a
registered nurse to screen persons at increased risk for syphilis,
gonorrhea and chlamydia pursuant to a non-patient specific order.

Section 5 would amend Educ. L. § 6527 to authorize a physician to
prescribe and order a patient specific or non-patient specific order
to a pharmacist for dispensing a seven day starter kit of
post-exposure prophylaxis (PEP) for the purpose of preventing HIV.

Section 6 would amend Educ. L. § 6909 to authorize a nurse
practitioner to prescribe and order a patient specific or non-patient
specific order to a pharmacist for dispensing a seven day starter kit
of PEP for the purpose of preventing HIV.

Section 7 would amend Educ. L. § 6801 to authorize a licensed
pharmacist to dispense a seven day starter kit of PEP for the purpose
of preventing HIV.

Section 8 would set forth the effective date of the bill.

 STATEMENT IN SUPPORT :

Streamlined/routine testing of HIV/AIDS:

If not identified and treated early, HIV infection progresses and
escalates to full blown AIDS. Individuals who are infected but not on
treatment are more likely to transmit the virus. Indeed, almost half
of all new infections are thought to be from individuals who are
unaware of their HIV status. In recognition of this fact, the first
point of the Governor's three point plan is to identify persons with
HIV who remain undiagnosed and to link them to care. Since 2010, New
York State has required that health care providers offer HIV testing
to all patients between the ages of 13 and 64 as a routine part of
health care services. However, a 2015 review of hospital
implementation of the requirement showed that too many New Yorkers are
still not taking advantage of available testing. This bill takes steps
to remove any barriers to individuals being able to voluntarily accept
HIV testing by reducing administrative hurdles, and by educating
individuals about their HIV status and options for accessing
treatment.

Expanding the age beyond 64:

HIV testing must be made available to more New Yorkers. Half of all
people living with diagnosed HIV infection in this State are age 50
and older, and approximately 200 cases of HIV are diagnosed each year
in persons age 60 and older. This bill removes the upper age limit of
64 on the requirement of offering an HIV test, mandating that an HIV
test be offered to all adults, regardless of age. There is no
scientific basis justifying a 64 year age limit, and people over such
age remain exposed to multiple risk factors. In addition, with the
advent of new medications, persons over the age of 64 diagnosed with
HIV are now able to live average life spans.  However, early diagnosis
and access to treatment remain essential, and this legislation
furthers that goal.

Authorize registered nurses to screen for certain STDs pursuant to
non-patient specific order:

STD rates are increasing in New York State. There are more than
100,000 cases of syphilis, gonorrhea, and chlamydia in New York State,
with rates of syphilis in particular having increased substantially.
To address this problem, STD screening and sexual health care must
become a routine health care service. This bill amends the New York
State Education Law to allow registered nurses to screen persons at
increased risk for syphilis, gonorrhea and chlamydia, pursuant to a
non-patient specific order. Expanding the existing nursing scope of
practice to allow for registered nurses to screen persons at increased
risk for these STDs will increase the number of people being diagnosed
and treated, and will reduce the overall risks for HIV. This bill is
consistent with the Ending the Epidemic Blueprint, which recognizes
that sexually transmitted diseases put people at greater risk of HIV
infection, and with U.S.  Preventive Services (USPS) recommendations.

Pharmacy access to medications for HIV infection prevention:

PEP (Post-Exposure Prophylaxis) is an HIV prevention method that only
works if used within a short period of time after exposure to the
virus. Specifically, PEP should be used within 72 hours of exposure,
and is recommended within 36 hours of exposure - with optimal intake
being within 2 hours. Currently, in order to obtain PEP, most patients
must go to an emergency room. By enabling pharmacists to dispense a
seven day starter kit of PEP pursuant to a non-patient specific order,
this bill provides a cost-effective way of significantly increasing
HIV prevention. Expanding access to PEP also strengthens consumer
understanding and awareness, improves referral and coordination with
doctors and other health professionals for follow-up to PEP, and
increases individual assessment for other HIV prevention measures.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediate.

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.

                                                           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.

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The New York State Senate

senate Bill S8129

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Jun 16, 2016 - Rules committee Vote

Rules Committee Vote: Jun 16, 2016

S8129 (ACTIVE) - Details

S8129 (ACTIVE) - Summary

S8129 (ACTIVE) - Sponsor Memo

S8129 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8129

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Jun 16, 2016 - Rules committee Vote

Rules Committee Vote: Jun 16, 2016

S8129 (ACTIVE) - Details

S8129 (ACTIVE) - Summary

S8129 (ACTIVE) - Sponsor Memo

S8129 (ACTIVE) - Bill Text download pdf

Comments