Senate Bill S7809

2023-2024 Legislative Session

Relates to HIV related testing requirements

download bill text pdf

Sponsored By

Current Bill Status Via A8475 - Passed Senate


  • 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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2023-S7809 (ACTIVE) - Details

See Assembly Version of this Bill:
A8475
Law Section:
Public Health Law
Laws Affected:
Amd §2781, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8149
2021-2022: S6082

2023-S7809 (ACTIVE) - Summary

Relates to notice of certain medical options and to communication with the person being tested prior to HIV related testing.

2023-S7809 (ACTIVE) - Sponsor Memo

2023-S7809 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7809
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 13, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to HIV related  test-
   ing requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2781 of the public health law, as amended by  chap-
 ter  308 of the laws of 2010, subdivisions 1 and 2 as amended by chapter
 502 of the laws of 2016 and subdivision 4 as amended  by  section  2  of
 part A of chapter 60 of the laws of 2014, is amended to read as follows:
   §  2781.  HIV  related testing. 1. Except as provided in section three
 thousand one hundred twenty-one of the civil practice law and rules,  or
 unless  otherwise  specifically  authorized  or  required  by a state or
 federal law, no person shall order the performance  of  an  HIV  related
 test  without first, at a minimum, [orally advising] PROVIDING NOTICE BY
 MEANS READILY ACCESSIBLE IN MULTIPLE LANGUAGES TO the protected individ-
 ual, or, when the protected individual  lacks  capacity  to  consent,  a
 person authorized to consent to health care for such individual, that an
 HIV-related test is being performed, or over the objection of such indi-
 vidual  or  authorized  persons.  Such  [advisement  and objection, when
 applicable] NOTICE MAY BE PROVIDED ORALLY,  IN  WRITING  BY  PROMINENTLY
 DISPLAYED  SIGNAGE,  BY  ELECTRONIC  MEANS  OR OTHER APPROPRIATE FORM OF
 COMMUNICATION. SUCH NOTICE SHALL INCLUDE INFORMATION THAT HIV TESTING IS
 VOLUNTARY. A REFUSAL OF AN HIV RELATED TEST shall be noted in the  indi-
 vidual's record.
   2.  [A  person  ordering  the performance of an HIV related test shall
 provide either directly or through a representative] PRIOR  TO  ORDERING
 THE TEST, INFORMATION SHALL BE PROVIDED, EITHER ORALLY OR BY PROMINENTLY
 DISPLAYED  SIGNAGE,  BY  PRINTED MATERIALS, BY ELECTRONIC MEANS OR OTHER
 APPROPRIATE FORM OF COMMUNICATION to the subject of an HIV related  test
 or,  if  the  subject  lacks capacity to consent, to a person authorized
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13770-02-3
              

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