Senate Bill S8286

2021-2022 Legislative Session

Requires a written notice on the occurrence of a false-positive result for any condition tested during a prenatal test

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S8286 (ACTIVE) - Details

See Assembly Version of this Bill:
A9413
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §2533, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
S1159

2021-S8286 (ACTIVE) - Summary

Requires a written notice on the occurrence of a false-positive result, including the percentage of positives being a false-positive, for any condition tested during a prenatal test to be prominently displayed on any advertisement, promotional brochure, website or documentation that may be presented to a patient or a potential parent to recommend prenatal testing services offered by an entity or hospital.

2021-S8286 (ACTIVE) - Sponsor Memo

2021-S8286 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8286
 
                             I N  S E N A T E
 
                             February 9, 2022
                                ___________
 
 Introduced  by  Sens. SKOUFIS, KAPLAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring a  writ-
   ten notice on the occurrence of a false-positive result for any condi-
   tion tested during a prenatal test
 
   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
 2533 to read as follows:
   §  2533. DISCLOSURE OF INFORMATION CONCERNING PRENATAL TESTING. A. THE
 FOLLOWING TERMS AS USED IN THIS SECTION SHALL MEAN THE FOLLOWING:
   1. "LABORATORY" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN SECTION
 FIVE HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   2. "PRENATAL TESTING SERVICES" MEANS ANY SERVICE PROVIDED BY A  HOSPI-
 TAL  TO  IDENTIFY  POTENTIAL  PROBLEMS  WITH A PREGNANCY OR THE RELATIVE
 LIKELIHOOD OF ABNORMALITIES IN A FETUS. SUCH SERVICES SHALL INCLUDE  BUT
 NOT  BE LIMITED TO SERVICES THAT TEST PLACENTAL TISSUE OR THE BLOOD OF A
 PREGNANT PATIENT.
   3. "MATERIAL" MEANS ANY ADVERTISEMENT, PROMOTIONAL  BROCHURE,  WEBSITE
 OR  DOCUMENTATION  THAT  MAY  BE  PRESENTED  TO A PATIENT OR A POTENTIAL
 PARENT TO RECOMMEND PRENATAL TESTING SERVICES OFFERED BY A HOSPITAL.
   4. "PERCENTAGE OF POSITIVES BEING A FALSE-POSITIVE" MEANS THE RATIO OF
 THE NUMBER OF FALSE-POSITIVE RESULTS DIVIDED BY THE SUM OF THE NUMBER OF
 FALSE-POSITIVE RESULTS AND THE NUMBER OF TRUE POSITIVES.
   B. EVERY PRENATAL TEST SHALL INCLUDE A WRITTEN NOTICE, PROVIDED BY THE
 ENTITY WHICH MANUFACTURED, SUPPLIED, OR OTHERWISE CREATED SUCH  TEST  OR
 WHICH  ADVERTISED  PERFORMING  PRENATAL TESTS, ABOUT THE OCCURRENCE OF A
 FALSE-POSITIVE RESULT, INCLUDING BUT NOT LIMITED TO  THE  PERCENTAGE  OF
 POSITIVES  BEING  A FALSE-POSITIVE, FOR ANY CONDITION TESTED DURING SUCH
 PRENATAL TEST. SUCH WRITTEN NOTICE SHALL BE PROVIDED TO A PATIENT  OR  A
 POTENTIAL  PARENT:  (I)  PRIOR TO ANY PRENATAL TEST; (II) WITH SUCH TEST
 RESULTS; AND (III) WITH ANY MATERIALS PROVIDED BY THE  ENTITY  PROVIDING
 OR  FACILITATING  THE  PRENATAL  TESTING.  SUCH  WRITTEN NOTICE SHALL BE
 DEVELOPED BY THE DEPARTMENT AND SHALL INCLUDE ALL DATA USED BY A LABORA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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