S T A T E O F N E W Y O R K
________________________________________________________________________
1076
2017-2018 Regular Sessions
I N A S S E M B L Y
January 10, 2017
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring hospi-
tals to provide DNA testing of newborns or take blood samples from
newborns for future DNA testing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2500-l to read as follows:
§ 2500-L. DNA TESTING OF NEWBORNS. 1. EVERY GENERAL OR OBSTETRIC
HOSPITAL SHALL PROVIDE DNA TESTING OF NEWBORNS OR TAKE BLOOD SAMPLES
FROM NEWBORNS AND PRESERVE SUCH SAMPLES IN A MANNER THAT DNA TESTING MAY
BE PERFORMED THEREON IN THE FUTURE. SUCH TESTING OR TAKING OF BLOOD
SHALL ONLY BE PERFORMED IF THE CHILD'S MOTHER AND FATHER, IF SUCH FATHER
IS READILY IDENTIFIABLE AND AVAILABLE, CONSENT IN WRITING TO HAVE A DNA
TEST PERFORMED ON THEIR CHILD OR HAVE A BLOOD SAMPLE TAKEN FROM THE
CHILD FOR FUTURE DNA TESTING.
2. EVERY GENERAL OR OBSTETRIC HOSPITAL SHALL PROVIDE WRITTEN NOTICE OF
THE PROVISIONS OF THIS SECTION TO THE MOTHER OF EVERY CHILD BORN IN SUCH
HOSPITAL WITHIN TWENTY-FOUR HOURS OF THE BIRTH.
3. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
4. FOR THE PURPOSES OF THIS SECTION, "DNA" SHALL MEAN DEOXYRIBONUCLEIC
ACID.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately
that any rules and regulations necessary for the timely implementation
of this act on its effective date are authorized to be promulgated on or
before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04449-01-7