Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent; provides definition for health care practitioner.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A822
SPONSOR: Paulin TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that the diagnosis, treatment, and prevention, including
immunization, of a sexually transmissible disease are available when
most effective
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the heading and subdivisions 1, 2 and 3 of section
2305 of the public health law. The section amends subdivision 1 to
provide that no person other than a health care practitioner shall diag-
nose, treat or prescribe for a person who is infected with a sexually
transmissible disease, or who has been exposed to infection with a sexu-
ally transmissible disease, or dispense or sell a drug, medicine or
remedy for the treatment of such person except on prescription of a
health care practitioner. This section amends subdivision 2 to provide
that a health care practitioner may provide health care related to the
prevention of a sexually transmissible disease, including administering
vaccines, to a person under age eighteen without the consent or know-
ledge of his or her parents or guardians provided such person has capac-
ity to consent to the care, without regard to the person's age, and the
person consents. Any release of patient information regarding vaccines
provided under this section shall be consistent with sections 17 and 18
of the public health law and other applicable laws and regulations.
This section one amends subdivision 3 by adding the definition of
"health care practitioner."
Section two provides the effective date.
JUSTIFICATION:
This legislation amends the public health law to allow health care prac-
titioners to provide health care related to the prevention of sexually
transmitted diseases, including administering vaccines, to minors under
the age of 18 without parental consent or knowledge, so long as the
individual has the capacity to consent to such care.
A new health regulation took effect in December of 2017 allowing minors
to receive medical care for sexually transmitted diseases without
parental consent (See 10 NYCRR 23.4). Therefore, this bill simply codi-
fies standards we already have in place under current regulations.
The human papillomavirus (HPV) is the most common STD in the United
States. The CDC estimates that about 79 million Americans, the majority
of whom are in their late teens and early 20s, are infected with HPV.
The CDC recommends that boys and girls aged 11 to 12 year olds get two
doses of the HPV vaccine to protect against cancers caused by the virus.
Many young people are hesitant to seek treatment for STDs, because it
involves discussing sensitive matters with their parents or guardians.
This can cause a delay or prevent them entirely from seeking treatment,
worsening the effects of an STD that has already been contracted while
also promoting further spread of the disease to others. Vaccinations are
safe and effective and allowing minors to seek out care without parental
consent will allow them to receive critical treatment in a timely
manner.
Our law must be amended to protect this important regulation. Through
this legislation, we can ensure that everyone may receive the full range
of sexual health care services necessary to prevent the spread of these
diseases.
PRIOR LEGISLATIVE HISTORY:
A.973A, 2020, referred to health / S.3899A, 2020, referred to health.
A.973A, 2019, amended and recommitted to health / S.3899A, 2019, commit-
ted to codes.
A.2469, 2017 and 2018, referred to health.
Same as 5.5611, 2017 and 2018, referred to health.
A.1528, 2015 and 2016 referred to health.
Same as 5.2712, 2015 and 2016 referred to health.
A.497A, 2013 and 2014 referred to health.
Same as S.3134A, 2013. and 2014 referred to health.
A.343, 2011 and 2012 referred to health.
Same as 5.384, 2011 and 2012 referred to health.
A.6702C, 2009 amended on third reading and 2010 referred to health.
Same as S.4779B, 2009 and 2010 referred to health.
Similar to A9630, 2008 referred to health.
FISCAL IMPLICATION:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
822
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. PAULIN, GOTTFRIED, DINOWITZ, L. ROSENTHAL, STECK,
BRONSON, FAHY, CRUZ, EPSTEIN, QUART, FERNANDEZ, HEVESI, JACOBSON --
Multi-Sponsored by -- M. of A. PERRY, RICHARDSON, SIMON -- read once
and referred 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01966-01-1
A. 822 2
1 (b) A health care practitioner may provide health care related to the
2 prevention of a sexually transmissible disease, including administering
3 vaccines, to a person under the age of eighteen years without the
4 consent or knowledge of the parents or guardians of such person,
5 provided that the person has capacity to consent to the care, without
6 regard to the person's age, and the person consents.
7 (c) Any release of patient information regarding vaccines provided
8 under this section shall be consistent with sections seventeen and eigh-
9 teen of this chapter and other applicable laws and regulations.
10 3. For the purposes of this section, [the term]
11 (a) "hospital" shall mean a hospital as defined in article twenty-
12 eight of this chapter; and
13 (b) "health care practitioner" shall mean a person licensed, certified
14 or otherwise authorized to practice under title eight of the education
15 law, acting within his or her lawful scope of practice.
16 § 2. The first undesignated paragraph of section 17 of the public
17 health law, as amended by chapter 322 of the laws of 2017, is amended to
18 read ad follows:
19 Upon the written request of any competent patient, parent or guardian
20 of an infant, a guardian appointed pursuant to article eighty-one of the
21 mental hygiene law, or conservator of a conservatee, an examining,
22 consulting or treating physician or hospital must release and deliver,
23 exclusive of personal notes of the said physician or hospital, copies of
24 all x-rays, medical records and test records including all laboratory
25 tests regarding that patient to any other designated physician or hospi-
26 tal provided, however, that such records concerning the care and treat-
27 ment of an infant patient for venereal disease or the performance of an
28 abortion operation upon such infant patient shall not be released or in
29 any manner be made available to the parent or guardian of such infant,
30 and provided, further, that original mammograms, rather than copies
31 thereof, shall be released and delivered. Either the physician or hospi-
32 tal incurring the expense of providing copies of x-rays, medical records
33 and test records including all laboratory tests pursuant to the
34 provisions of this section may impose a reasonable charge to be paid by
35 the person requesting the release and deliverance of such records as
36 reimbursement for such expenses, provided, however, that the physician
37 or hospital may not impose a charge for copying an original mammogram
38 when the original has been released or delivered to any competent
39 patient, parent or guardian of an infant, a guardian appointed pursuant
40 to article eighty-one of the mental hygiene law, or a conservator of a
41 conservatee and provided, further, that any charge for delivering an
42 original mammogram pursuant to this section shall not exceed the docu-
43 mented costs associated therewith. However, the reasonable charge for
44 paper copies shall not exceed seventy-five cents per page. A release of
45 records under this section shall not be denied solely because of inabil-
46 ity to pay. No charge may be imposed under this section for providing,
47 releasing, or delivering medical records or copies of medical records
48 where requested for the purpose of supporting an application, claim or
49 appeal for any government benefit or program, provided that, where a
50 provider maintains medical records in electronic form, it shall provide
51 the copy in either electronic or paper form, as required by the govern-
52 ment benefit or program, or at the patient's request.
53 § 3. Paragraph (i) of subdivision 3 of section 18 of the public health
54 law, as added by chapter 634 of the laws of 2004, is amended to read as
55 follows:
A. 822 3
1 (i) The release of patient information shall be subject to: (i) arti-
2 cle twenty-seven-F of this chapter in the case of confidential HIV-re-
3 lated information; (ii) section seventeen of this article and sections
4 [twenty-three hundred one,] twenty-three hundred six and twenty-three
5 hundred eight of this chapter in the case of termination of a pregnancy,
6 and care and treatment for a sexually transmitted disease; (iii) article
7 thirty-three of the mental hygiene law; and (iv) any other provisions of
8 law creating special requirements relating to the release of patient
9 information, including the federal health insurance portability and
10 accountability act of 1996 and its implementing regulations.
11 § 4. This act shall take effect immediately.
