Bill Text: NY A10183 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to informed consent to HIV testing; requires providers to advise patients that an HIV related test is being ordered or performed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-08 - reported referred to rules [A10183 Detail]

Download: New_York-2015-A10183-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10183
                   IN ASSEMBLY
                                      May 16, 2016
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to HIV  testing;  and
          to repeal certain provisions of such law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 2781 of the public health law,  as
     2  amended  by  section  2  of part A of chapter 60 of the laws of 2014, is
     3  amended to read as follows:
     4    1. Except as provided in section three thousand one hundred twenty-one
     5  of the civil practice law and rules, or  unless  otherwise  specifically
     6  authorized  or required by a state or federal law, no person shall order
     7  the performance of an HIV related test without  first  having  [received
     8  informed consent of] advised the subject of the test who has capacity to
     9  consent  or,  when  the subject lacks capacity to consent, [of] a person
    10  authorized  pursuant  to  law  to  consent  to  health  care  for   such
    11  individual,  that an HIV related test is being ordered or performed, and
    12  shall not order or perform the test if consent to the test  is  refused.
    13  [In order for there to be informed consent, the person ordering the test
    14  shall,  prior  to  obtaining  informed  consent, at a minimum advise the
    15  protected individual that an HIV-related test is being performed.]
    16    § 2. Subdivision 2 of  section  2781  of  the  public  health  law  is
    17  REPEALED.
    18    §  3.  Subdivision  1  of  section 2781-a of the public health law, as
    19  added by chapter 308 of the laws of 2010, is amended to read as follows:
    20    1. Every individual [between the ages] over the age of  thirteen  [and
    21  sixty-four  years]  (or younger [or older] if there is evidence or indi-
    22  cation of risk activity) who receives health services as an inpatient or
    23  in the emergency department of a general hospital defined in subdivision
    24  ten of section twenty-eight hundred one of this chapter or who  receives
    25  primary care services in an outpatient department of such hospital or in
    26  a diagnostic and treatment center licensed under article twenty-eight of
    27  this chapter or from a physician, physician assistant, nurse practition-
    28  er,  or  midwife  providing primary care shall be offered an HIV related
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15339-06-6
        A. 10183                            2
     1  test unless the health care practitioner providing such services reason-
     2  ably believes that (a) the  individual  is  being  treated  for  a  life
     3  threatening emergency; or (b) the individual has previously been offered
     4  or has been the subject of an HIV related test (except that a test shall
     5  be offered if otherwise indicated); or (c) the individual lacks capacity
     6  to consent to an HIV related test.
     7    § 4. This act shall take effect on the one hundred twentieth day after
     8  it shall have become a law.