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A00276 Summary:

BILL NOA00276B
 
SAME ASSAME AS S00762-A
 
SPONSORPaulin
 
COSPNSRDinowitz, Rosenthal L, Steck, Bronson, Fahy, Cruz, Epstein, Hevesi, Jacobson, Jackson, Seawright, Kelles, Gonzalez-Rojas, Ardila, Reyes
 
MLTSPNSRSimon
 
Amd 2305, 17 & 18, Pub Health L
 
Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent.
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A00276 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         276--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M. of A. PAULIN, DINOWITZ, L. ROSENTHAL, STECK, BRONSON,
          FAHY, CRUZ, EPSTEIN, HEVESI,  JACOBSON,  JACKSON,  SEAWRIGHT,  KELLES,
          GONZALEZ-ROJAS  --  Multi-Sponsored  by -- M. of A. SIMON -- read once
          and referred to the Committee on Health -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        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, physician assistant, nurse
     7  practitioner, licensed midwife; prescriptions; consent by minors. 1.  No
     8  person,  other  than  a  licensed  physician, or, in a hospital, a staff
     9  physician, or a physician assistant,  nurse  practitioner,  or  licensed
    10  midwife  acting  within  their lawful scope of practice, shall diagnose,
    11  treat or prescribe for a person who is infected with a  sexually  trans-
    12  mitted  disease,  or  who  has been exposed to infection with a sexually
    13  transmitted disease, or dispense or sell a drug, medicine or remedy  for
    14  the  treatment  of such person except on prescription of a duly licensed
    15  physician.
    16    2. (a) A licensed physician, or in a hospital, a staff physician, or a
    17  physician assistant, nurse  practitioner,  or  licensed  midwife  acting
    18  within  their lawful scope of practice, may diagnose, treat or prescribe
    19  treatment for a sexually transmitted disease for a person under the  age
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02224-07-3

        A. 276--B                           2
 
     1  of  [twenty-one]  eighteen years without the consent or knowledge of the
     2  parents or [guardian] guardians of said person,  where  such  person  is
     3  infected  with  a  sexually  transmitted disease, or has been exposed to
     4  infection with a sexually transmitted disease.
     5    (b)  A  licensed  physician, or in a hospital, a staff physician, or a
     6  physician assistant, nurse  practitioner,  or  licensed  midwife  acting
     7  within  their  lawful scope of practice, may provide health care related
     8  to the prevention of a sexually transmissible disease, including  admin-
     9  istering  vaccines,  to a person under the age of eighteen years without
    10  the consent or knowledge of the parents or  guardians  of  such  person,
    11  provided  that  the  person has capacity to consent to the care, without
    12  regard to the person's age, and the person consents.
    13    (c) Any release of patient  information  regarding  vaccines  provided
    14  under this section shall be consistent with sections seventeen and eigh-
    15  teen of this chapter and other applicable laws and regulations.
    16    (d)  Nothing in this section shall be construed to expand the scope of
    17  practice of any individual licensed, certified or authorized under title
    18  eight of the education law, nor does this section give any such individ-
    19  ual the authority to act outside their scope of practice, as defined  in
    20  title eight of the education law.
    21    3.  For the purposes of this section, the term "hospital" shall mean a
    22  hospital as defined in article twenty-eight of this chapter.
    23    § 2. The first undesignated paragraph of  section  17  of  the  public
    24  health law, as amended by chapter 322 of the laws of 2017, is amended to
    25  read as follows:
    26    Upon  the written request of any competent patient, parent or guardian
    27  of an infant, a guardian appointed pursuant to article eighty-one of the
    28  mental hygiene law, or  conservator  of  a  conservatee,  an  examining,
    29  consulting  or  treating physician or hospital must release and deliver,
    30  exclusive of personal notes of the said physician or hospital, copies of
    31  all x-rays, medical records and test records  including  all  laboratory
    32  tests regarding that patient to any other designated physician or hospi-
    33  tal  provided, however, that such records concerning the care and treat-
    34  ment of an infant patient for venereal disease or the performance of  an
    35  abortion  operation upon such infant patient shall not be released or in
    36  any manner be made available to the parent or guardian of  such  infant,
    37  and  provided,  further,  that  original  mammograms, rather than copies
    38  thereof, shall be released and delivered. Either the physician or hospi-
    39  tal incurring the expense of providing copies of x-rays, medical records
    40  and  test  records  including  all  laboratory  tests  pursuant  to  the
    41  provisions  of this section may impose a reasonable charge to be paid by
    42  the person requesting the release and deliverance  of  such  records  as
    43  reimbursement  for  such expenses, provided, however, that the physician
    44  or hospital may not impose a charge for copying  an  original  mammogram
    45  when  the  original  has  been  released  or  delivered to any competent
    46  patient, parent or guardian of an infant, a guardian appointed  pursuant
    47  to  article  eighty-one of the mental hygiene law, or a conservator of a
    48  conservatee and provided, further, that any  charge  for  delivering  an
    49  original  mammogram  pursuant to this section shall not exceed the docu-
    50  mented costs associated therewith. However, the  reasonable  charge  for
    51  paper  copies shall not exceed seventy-five cents per page. A release of
    52  records under this section shall not be denied solely because of inabil-
    53  ity to pay. No charge may be imposed under this section  for  providing,
    54  releasing,  or  delivering  medical records or copies of medical records
    55  where requested for the purpose of supporting an application,  claim  or
    56  appeal  for  any  government  benefit or program, provided that, where a

        A. 276--B                           3
 
     1  provider maintains medical records in electronic form, it shall  provide
     2  the  copy in either electronic or paper form, as required by the govern-
     3  ment benefit or program, or at the patient's request.
     4    § 3. Paragraph (i) of subdivision 3 of section 18 of the public health
     5  law,  as added by chapter 634 of the laws of 2004, is amended to read as
     6  follows:
     7    (i) The release of patient information shall be subject to: (i)  arti-
     8  cle  twenty-seven-F  of this chapter in the case of confidential HIV-re-
     9  lated information; (ii) section seventeen of this article  and  sections
    10  [twenty-three  hundred  one,]  twenty-three hundred six and twenty-three
    11  hundred eight of this chapter in the case of termination of a pregnancy,
    12  and care and treatment for a sexually transmitted disease; (iii) article
    13  thirty-three of the mental hygiene law; and (iv) any other provisions of
    14  law creating special requirements relating to  the  release  of  patient
    15  information,  including  the  federal  health  insurance portability and
    16  accountability act of 1996 and its implementing regulations.
    17    § 4. This act shall take effect immediately.
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