Bill Text: NY S07954 | 2009-2010 | General Assembly | Introduced
Bill Title: Eliminates certain disclosure and consent requirements for HIV testing of certain individuals, when another person has a significant risk of occupational exposure to HIV.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-26 - REFERRED TO HEALTH [S07954 Detail]
Download: New_York-2009-S07954-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7954
I N S E N A T E
May 26, 2010
___________
Introduced by Sen. HANNON -- 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 HIV testing of
certain persons who may be the source of an occupational exposure of
another person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section. Paragraphs (c) and (d) of subdivision 6 of section 2781 of
2 the public health law, paragraph (c) as added by chapter 584 of the laws
3 of 1988 and paragraph (d) as added by chapter 220 of the laws of 1996,
4 are amended and a new paragraph (e) is added to read as follows:
5 (c) on a deceased person, when such test is conducted to determine the
6 cause of death or for epidemiological purposes[.]; OR
7 (d) conducted pursuant to section twenty-five hundred-f of this chap-
8 ter[.]; OR
9 (E) IN SITUATIONS INVOLVING OCCUPATIONAL EXPOSURES WHICH CREATE A
10 SIGNIFICANT RISK OF CONTRACTING OR TRANSMITTING HIV INFECTION, AS
11 DEFINED IN REGULATIONS OF THE DEPARTMENT AND PURSUANT TO PROTOCOLS
12 ADOPTED BY THE DEPARTMENT,
13 (I) PROVIDED THAT:
14 (A) THE PERSON WHO IS THE SOURCE OF THE OCCUPATIONAL EXPOSURE IS
15 DECEASED, COMATOSE OR IS DETERMINED BY HIS OR HER ATTENDING HEALTH CARE
16 PROFESSIONAL TO LACK MENTAL CAPACITY TO CONSENT TO AN HIV RELATED TEST
17 AND IS NOT REASONABLY EXPECTED TO RECOVER IN TIME FOR THE EXPOSED PERSON
18 TO RECEIVE APPROPRIATE MEDICAL TREATMENT, AS DETERMINED BY THE EXPOSED
19 PERSON'S ATTENDING HEALTH CARE PROFESSIONAL WHO WOULD ORDER OR PROVIDE
20 SUCH TREATMENT;
21 (B) THERE IS NO PERSON AVAILABLE OR REASONABLY LIKELY TO BECOME AVAIL-
22 ABLE WHO HAS THE LEGAL AUTHORITY TO CONSENT TO THE HIV RELATED TEST ON
23 BEHALF OF THE SOURCE PERSON IN TIME FOR THE EXPOSED PERSON TO RECEIVE
24 APPROPRIATE MEDICAL TREATMENT; AND
25 (C) THE EXPOSED PERSON WILL BENEFIT MEDICALLY BY KNOWING THE SOURCE
26 PERSON'S HIV TEST RESULTS, AS DETERMINED BY THE EXPOSED PERSON'S HEALTH
27 CARE PROFESSIONAL AND DOCUMENTED IN THE EXPOSED PERSON'S MEDICAL RECORD;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16843-01-0
S. 7954 2
1 (II) IN WHICH CASE
2 (A) A PROVIDER SHALL ORDER AN ANONYMOUS HIV TEST OF THE SOURCE PERSON;
3 AND
4 (B) THE RESULTS OF SUCH ANONYMOUS TEST, BUT NOT THE IDENTITY OF THE
5 SOURCE PERSON, SHALL BE DISCLOSED ONLY TO THE ATTENDING HEALTH CARE
6 PROFESSIONAL OF THE EXPOSED PERSON SOLELY FOR THE PURPOSE OF ASSISTING
7 THE EXPOSED PERSON IN MAKING APPROPRIATE DECISIONS REGARDING POST-EXPO-
8 SURE MEDICAL TREATMENT; AND
9 (C) THE RESULTS OF THE TEST SHALL NOT BE DISCLOSED TO THE SOURCE
10 PERSON OR PLACED IN THE SOURCE PERSON'S MEDICAL RECORD.
11 S 2. This act shall take effect September 1, 2010; provided, however,
12 that effective immediately, the addition, amendment and/or repeal of any
13 rule or regulation necessary for the implementation of this act on its
14 effective date are authorized and directed to be made and completed on
15 or before such effective date.
