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This entry was published on 2019-09-20
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SECTION 2171
Required offering of hepatitis C screening testing
Public Health (PBH) CHAPTER 45, ARTICLE 21, TITLE 7
* § 2171. Required offering of hepatitis C screening testing. 1. Every
individual born between the years of nineteen hundred forty-five and
nineteen hundred sixty-five who receives health services as an inpatient
in a general hospital defined in subdivision ten of section twenty-eight
hundred one of this chapter or who receives primary care services in an
outpatient department of such hospital or in a diagnostic and treatment
center licensed under article twenty-eight of this chapter or from a
physician, physician assistant or nurse practitioner providing primary
care shall be offered a hepatitis C screening test or hepatitis C
diagnostic test unless the health care practitioner providing such
services reasonably believes that:

(a) the individual is being treated for a life threatening emergency;
or

(b) the individual has previously been offered or has been the subject
of a hepatitis C screening test (except that a test shall be offered if
otherwise indicated); or

(c) the individual lacks capacity to consent to a hepatitis C
screening test.

2. If an individual accepts the offer of a hepatitis C screening test
and the screening test is reactive, the health care provider shall
either offer the individual follow-up health care or refer the
individual to a health care provider who can provide follow-up health
care. The follow-up health care shall include a hepatitis C diagnostic
test.

3. The offering of hepatitis C screening testing under this section
shall be culturally and linguistically appropriate in accordance with
rules and regulations promulgated by the commissioner.

4. This section shall not affect the scope of practice of any health
care practitioner or diminish any authority or legal or professional
obligation of any health care practitioner to offer a hepatitis C
screening test or hepatitis C diagnostic test or to provide services or
care for the subject of a hepatitis C screening test or hepatitis C
diagnostic test.

5. Definitions. As used in this section, the following terms shall
have the following meanings:

(a) "Hepatitis C diagnostic test" shall mean any laboratory test or
tests that detect the presence of hepatitis C virus in the blood and
provides confirmation of whether the individual has a hepatitis C virus
infection.

(b) "Hepatitis C screening test" shall mean any laboratory screening
test or tests that detect the presence of hepatitis C virus antibodies
in the blood.

(c) "Primary care" means the medical fields of family medicine,
general pediatrics, primary care, internal medicine, primary care
obstetrics, or primary care gynecology, without regard to board
certification.

* NB Repealed January 1, 2026