Bill Text: NY A02756 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires hospitals to provide parents of newborns with the option to have a DNA test performed on their child or have a blood sample taken from the child and preserved for future DNA testing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to health [A02756 Detail]
Download: New_York-2011-A02756-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2756 2011-2012 Regular Sessions I N A S S E M B L Y January 20, 2011 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to requiring hospi- tals to provide DNA testing of newborns or take blood samples from newborns for future DNA testing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 2500-k to read as follows: 3 S 2500-K. DNA TESTING OF NEWBORNS. 1. EVERY GENERAL OR OBSTETRIC 4 HOSPITAL SHALL PROVIDE DNA TESTING OF NEWBORNS OR TAKE BLOOD SAMPLES 5 FROM NEWBORNS AND PRESERVE SUCH SAMPLES IN A MANNER THAT DNA TESTING MAY 6 BE PERFORMED THEREON IN THE FUTURE. SUCH TESTING OR TAKING OF BLOOD 7 SHALL ONLY BE PERFORMED IF THE CHILD'S MOTHER AND FATHER, IF SUCH FATHER 8 IS READILY IDENTIFIABLE AND AVAILABLE, CONSENT IN WRITING TO HAVE A DNA 9 TEST PERFORMED ON THEIR CHILD OR HAVE A BLOOD SAMPLE TAKEN FROM THE 10 CHILD FOR FUTURE DNA TESTING. 11 2. EVERY GENERAL OR OBSTETRIC HOSPITAL SHALL PROVIDE WRITTEN NOTICE OF 12 THE PROVISIONS OF THIS SECTION TO THE MOTHER OF EVERY CHILD BORN IN SUCH 13 HOSPITAL WITHIN TWENTY-FOUR HOURS OF THE BIRTH. 14 3. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES- 15 SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. 16 4. FOR THE PURPOSES OF THIS SECTION, "DNA" SHALL MEAN DEOXYRIBONUCLEIC 17 ACID. 18 S 2. This act shall take effect on the first of January next succeed- 19 ing the date on which it shall have become a law. Effective immediately 20 that any rules and regulations necessary for the timely implementation 21 of this act on its effective date are authorized and directed to be 22 promulgated on or before such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07199-01-1