The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    276
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, DINOWITZ, L. ROSENTHAL, STECK, BRONSON,
   FAHY, CRUZ, EPSTEIN, HEVESI, JACOBSON, JACKSON, SEAWRIGHT,  KELLES  --
   Multi-Sponsored  by -- M. of A. SIMON -- 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.
                                                            LBD02224-01-3

 A. 276                              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. The first undesignated paragraph of  section  17  of  the  public
 health law, as amended by chapter 322 of the laws of 2017, is amended to
 read ad follows:
   Upon  the written request of any competent patient, parent or guardian
 of an infant, a guardian appointed pursuant to article eighty-one of the
 mental hygiene law, or  conservator  of  a  conservatee,  an  examining,
 consulting  or  treating physician or hospital must release and deliver,
 exclusive of personal notes of the said physician or hospital, copies of
 all x-rays, medical records and test records  including  all  laboratory
 tests regarding that patient to any other designated physician or hospi-
 tal  provided, however, that such records concerning the CARE AND treat-
 ment of an infant patient for venereal disease or the performance of  an
 abortion  operation upon such infant patient shall not be released or in
 any manner be made available to the parent or guardian of  such  infant,
 and  provided,  further,  that  original  mammograms, rather than copies
 thereof, shall be released and delivered. Either the physician or hospi-
 tal incurring the expense of providing copies of x-rays, medical records
 and  test  records  including  all  laboratory  tests  pursuant  to  the
 provisions  of this section may impose a reasonable charge to be paid by
 the person requesting the release and deliverance  of  such  records  as
 reimbursement  for  such expenses, provided, however, that the physician
 or hospital may not impose a charge for copying  an  original  mammogram
 when  the  original  has  been  released  or  delivered to any competent
 patient, parent or guardian of an infant, a guardian appointed  pursuant
 to  article  eighty-one of the mental hygiene law, or a conservator of a
 conservatee and provided, further, that any  charge  for  delivering  an
 original  mammogram  pursuant to this section shall not exceed the docu-
 mented costs associated therewith. However, the  reasonable  charge  for
 paper  copies shall not exceed seventy-five cents per page. A release of
 records under this section shall not be denied solely because of inabil-
 ity to pay. No charge may be imposed under this section  for  providing,
 releasing,  or  delivering  medical records or copies of medical records
 where requested for the purpose of supporting an application,  claim  or
 appeal  for  any  government  benefit or program, provided that, where a
 provider maintains medical records in electronic form, it shall  provide
 the  copy in either electronic or paper form, as required by the govern-
 ment benefit or program, or at the patient's request.
   § 3. Paragraph (i) of subdivision 3 of section 18 of the public health
 law, as added by chapter 634 of the laws of 2004, is amended to read  as
 follows:
   (i)  The release of patient information shall be subject to: (i) arti-
 cle twenty-seven-F of this chapter in the case of  confidential  HIV-re-
 lated  information;  (ii) section seventeen of this article and sections
 A. 276                              3
 
 [twenty-three hundred one,] twenty-three hundred  six  and  twenty-three
 hundred eight of this chapter in the case of termination of a pregnancy,
 and CARE AND treatment for a sexually transmitted disease; (iii) article
 thirty-three of the mental hygiene law; and (iv) any other provisions of
 law  creating  special  requirements  relating to the release of patient
 information, including the  federal  health  insurance  portability  and
 accountability act of 1996 and its implementing regulations.
   § 4. This act shall take effect immediately.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  276--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, DINOWITZ, L. ROSENTHAL, STECK, BRONSON,
   FAHY, CRUZ, EPSTEIN, HEVESI,  JACOBSON,  JACKSON,  SEAWRIGHT,  KELLES,
   GONZALEZ-ROJAS  --  Multi-Sponsored  by -- M. of A. SIMON -- read once
   and referred to the Committee on Health -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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, PHYSICIAN ASSISTANT, NURSE
 PRACTITIONER, LICENSED MIDWIFE; prescriptions; CONSENT BY MINORS. 1.  No
 person,  other  than  a  licensed  physician, or, in a hospital, a staff
 physician, OR A PHYSICIAN ASSISTANT,  NURSE  PRACTITIONER,  OR  LICENSED
 MIDWIFE  ACTING  WITHIN  THEIR LAWFUL SCOPE OF PRACTICE, shall diagnose,
 treat or prescribe for a person who is infected with a  sexually  trans-
 mitted  disease,  or  who  has been exposed to infection with a sexually
 transmitted disease, or dispense or sell a drug, medicine or remedy  for
 the  treatment  of such person except on prescription of a duly licensed
 physician.
   2. (A) A licensed physician, or in a hospital, a staff physician, OR A
 PHYSICIAN ASSISTANT, NURSE  PRACTITIONER,  OR  LICENSED  MIDWIFE  ACTING
 WITHIN  THEIR LAWFUL SCOPE OF PRACTICE, may diagnose, treat or prescribe
 TREATMENT FOR A SEXUALLY TRANSMITTED DISEASE for a person under the  age
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02224-07-3

 A. 276--B                           2
 
 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  LICENSED  PHYSICIAN, OR IN A HOSPITAL, A STAFF PHYSICIAN, OR A
 PHYSICIAN ASSISTANT, NURSE  PRACTITIONER,  OR  LICENSED  MIDWIFE  ACTING
 WITHIN  THEIR  LAWFUL SCOPE OF PRACTICE, MAY PROVIDE HEALTH CARE RELATED
 TO THE PREVENTION OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING  ADMIN-
 ISTERING  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.
   (D)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF
 PRACTICE OF ANY INDIVIDUAL LICENSED, CERTIFIED OR AUTHORIZED UNDER TITLE
 EIGHT OF THE EDUCATION LAW, NOR DOES THIS SECTION GIVE ANY SUCH INDIVID-
 UAL THE AUTHORITY TO ACT OUTSIDE THEIR SCOPE OF PRACTICE, AS DEFINED  IN
 TITLE EIGHT OF THE EDUCATION LAW.
   3.  For the purposes of this section, the term "hospital" shall mean a
 hospital as defined in article twenty-eight of this chapter.
   § 2. The first undesignated paragraph of  section  17  of  the  public
 health law, as amended by chapter 322 of the laws of 2017, is amended to
 read as follows:
   Upon  the written request of any competent patient, parent or guardian
 of an infant, a guardian appointed pursuant to article eighty-one of the
 mental hygiene law, or  conservator  of  a  conservatee,  an  examining,
 consulting  or  treating physician or hospital must release and deliver,
 exclusive of personal notes of the said physician or hospital, copies of
 all x-rays, medical records and test records  including  all  laboratory
 tests regarding that patient to any other designated physician or hospi-
 tal  provided, however, that such records concerning the CARE AND treat-
 ment of an infant patient for venereal disease or the performance of  an
 abortion  operation upon such infant patient shall not be released or in
 any manner be made available to the parent or guardian of  such  infant,
 and  provided,  further,  that  original  mammograms, rather than copies
 thereof, shall be released and delivered. Either the physician or hospi-
 tal incurring the expense of providing copies of x-rays, medical records
 and  test  records  including  all  laboratory  tests  pursuant  to  the
 provisions  of this section may impose a reasonable charge to be paid by
 the person requesting the release and deliverance  of  such  records  as
 reimbursement  for  such expenses, provided, however, that the physician
 or hospital may not impose a charge for copying  an  original  mammogram
 when  the  original  has  been  released  or  delivered to any competent
 patient, parent or guardian of an infant, a guardian appointed  pursuant
 to  article  eighty-one of the mental hygiene law, or a conservator of a
 conservatee and provided, further, that any  charge  for  delivering  an
 original  mammogram  pursuant to this section shall not exceed the docu-
 mented costs associated therewith. However, the  reasonable  charge  for
 paper  copies shall not exceed seventy-five cents per page. A release of
 records under this section shall not be denied solely because of inabil-
 ity to pay. No charge may be imposed under this section  for  providing,
 releasing,  or  delivering  medical records or copies of medical records
 where requested for the purpose of supporting an application,  claim  or
 appeal  for  any  government  benefit or program, provided that, where a
 A. 276--B                           3
 
 provider maintains medical records in electronic form, it shall  provide
 the  copy in either electronic or paper form, as required by the govern-
 ment benefit or program, or at the patient's request.
   § 3. Paragraph (i) of subdivision 3 of section 18 of the public health
 law,  as added by chapter 634 of the laws of 2004, is amended to read as
 follows:
   (i) The release of patient information shall be subject to: (i)  arti-
 cle  twenty-seven-F  of this chapter in the case of confidential HIV-re-
 lated information; (ii) section seventeen of this article  and  sections
 [twenty-three  hundred  one,]  twenty-three hundred six and twenty-three
 hundred eight of this chapter in the case of termination of a pregnancy,
 and CARE AND treatment for a sexually transmitted disease; (iii) article
 thirty-three of the mental hygiene law; and (iv) any other provisions of
 law creating special requirements relating to  the  release  of  patient
 information,  including  the  federal  health  insurance portability and
 accountability act of 1996 and its implementing regulations.
   § 4. This act shall take effect immediately.