The New York State Senate

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

                                  2469

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2017
                               ___________

Introduced  by  M. of A. PAULIN, GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL,
  STECK, BRONSON, SKARTADOS, FAHY -- Multi-Sponsored  by  --  M.  of  A.
  HEVESI,  JENNE,  PERRY,  RICHARDSON,  SIMON,  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:
  § 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.

                                                           LBD06300-01-7

A. 2469                             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.
  § 2. This act shall take effect immediately.