Bill Text: NY S03899 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent; provides definition for health care practitioner.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-02-21 - REFERRED TO HEALTH [S03899 Detail]

Download: New_York-2019-S03899-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
          SERRANO -- read twice and ordered printed,  and  when  printed  to  be
          committed 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:
     1    Section  1. Section 2305 of the public health law, as amended by chap-
     2  ter 878 of the laws of 1980, the section heading and subdivisions 1  and
     3  2  as amended by section 35 of part E of chapter 56 of the laws of 2013,
     4  is amended to read as follows:
     5    § 2305. Sexually transmitted diseases; care and treatment [by licensed
     6  physician or staff physician of a hospital; prescriptions];  consent  by
     7  minors.  1. No person, other than a [licensed physician, or, in a hospi-
     8  tal, a staff physician] health care practitioner, shall diagnose,  treat
     9  or  prescribe  for  a person who is infected with a sexually transmitted
    10  disease, or who has been exposed to infection with a sexually  transmit-
    11  ted  disease,  or  dispense  or  sell a drug, medicine or remedy for the
    12  treatment of such person except on  prescription  of  a  [duly  licensed
    13  physician] health care practitioner.
    14    2.  (a)  A  [licensed  physician, or in a hospital, a staff physician]
    15  health care practitioner, may diagnose, treat or prescribe treatment for
    16  a sexually transmitted disease for a person under the  age  of  [twenty-
    17  one]  eighteen  years without the consent or knowledge of the parents or
    18  [guardian] guardians of said person, where such person is infected  with
    19  a  sexually transmitted disease, or has been exposed to infection with a
    20  sexually transmitted disease.
    21    (b) A health care practitioner may provide health care related to  the
    22  prevention  of a sexually transmissible disease, including administering
    23  vaccines, to a person under  the  age  of  eighteen  years  without  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3899                             2
     1  consent  or  knowledge  of  the  parents  or  guardians  of such person,
     2  provided that the person has capacity to consent to  the  care,  without
     3  regard to the person's age, and the person consents.
     4    (c)  Any  release  of  patient information regarding vaccines provided
     5  under this section shall be consistent with sections seventeen and eigh-
     6  teen of this chapter and other applicable laws and regulations.
     7    3. For the purposes of this section, [the term]
     8    (a) "hospital" shall mean a hospital as  defined  in  article  twenty-
     9  eight of this chapter; and
    10    (b) "health care practitioner" shall mean a person licensed, certified
    11  or  otherwise  authorized to practice under title eight of the education
    12  law, acting within his or her lawful scope of practice.
    13    § 2. This act shall take effect immediately.