S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1528
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A. PAULIN, SCHIMEL, GOTTFRIED, DINOWITZ, JAFFEE,
         ROSENTHAL, LAVINE, STECK -- Multi-Sponsored by -- M. of A. BROOK-KRAS-
         NY, PERRY, RUSSELL, WRIGHT -- 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    S 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03334-01-5
       A. 1528                             2
    1  VACCINES, TO A PERSON UNDER  THE  AGE  OF  EIGHTEEN  YEARS  WITHOUT  THE
    2  CONSENT  OR  KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF SUCH PERSON,
    3  PROVIDED THAT THE PERSON HAS CAPACITY TO CONSENT TO  THE  CARE,  WITHOUT
    4  REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.
    5    (C)  ANY  RELEASE  OF  PATIENT INFORMATION REGARDING VACCINES PROVIDED
    6  UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
    7  TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS.
    8    3. For the purposes of this section, [the term]
    9    (A) "hospital" shall mean a hospital as  defined  in  article  twenty-
   10  eight of this chapter; AND
   11    (B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED
   12  OR  OTHERWISE  AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION
   13  LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
   14    S 2. This act shall take effect immediately.