The New York State Senate

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

                                  1528

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A. PAULIN, SCHIMEL, GOTTFRIED, DINOWITZ, JAFFEE,
  ROSENTHAL, LAVINE, STECK -- Multi-Sponsored by -- M. of A. BROOK-KRAS-
  NY, PERRY, RUSSELL, WRIGHT -- read once and referred to the  Committee
  on Health

AN  ACT to amend the public health law, in relation to providing medical
  care to minors for sexually transmitted diseases without a parent's or
  guardian's consent

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

  Section  1. Section 2305 of the public health law, as amended by chap-
ter 878 of the laws of 1980, the section heading and subdivisions 1  and
2  as amended by section 35 of part E of chapter 56 of the laws of 2013,
is amended to read as follows:
  S 2305. Sexually transmitted diseases; CARE AND treatment [by licensed
physician or staff physician of a hospital; prescriptions];  CONSENT  BY
MINORS.  1. No person, other than a [licensed physician, or, in a hospi-
tal, a staff physician] HEALTH CARE PRACTITIONER, shall diagnose,  treat
or  prescribe  for  a person who is infected with a sexually transmitted
disease, or who has been exposed to infection with a sexually  transmit-
ted  disease,  or  dispense  or  sell a drug, medicine or remedy for the
treatment of such person except on  prescription  of  a  [duly  licensed
physician] HEALTH CARE PRACTITIONER.
  2.  (A)  A  [licensed  physician, or in a hospital, a staff physician]
HEALTH CARE PRACTITIONER, may diagnose, treat or prescribe TREATMENT FOR
A SEXUALLY TRANSMITTED DISEASE for a person under the  age  of  [twenty-
one]  EIGHTEEN  years without the consent or knowledge of the parents or
[guardian] GUARDIANS of said person, where such person is infected  with
a  sexually transmitted disease, or has been exposed to infection with a
sexually transmitted disease.
  (B) A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO  THE
PREVENTION  OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING ADMINISTERING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03334-01-5

A. 1528                             2

VACCINES, TO A PERSON UNDER  THE  AGE  OF  EIGHTEEN  YEARS  WITHOUT  THE
CONSENT  OR  KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF SUCH PERSON,
PROVIDED THAT THE PERSON HAS CAPACITY TO CONSENT TO  THE  CARE,  WITHOUT
REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.
  (C)  ANY  RELEASE  OF  PATIENT INFORMATION REGARDING VACCINES PROVIDED
UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS.
  3. For the purposes of this section, [the term]
  (A) "hospital" shall mean a hospital as  defined  in  article  twenty-
eight of this chapter; AND
  (B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED
OR  OTHERWISE  AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION
LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
  S 2. This act shall take effect immediately.