A10287-2011 Actions

• Jun 19, 2012: reported referred to rules
• May 31, 2012: reported referred to codes
• May 18, 2012: referred to health

A10287-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10287
 I N  ASSEMBLY
 May 18, 2012
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES,  GOTTFRIED  -- read once and
 referred to the Committee on Health
 

AN ACT to amend the public health law, in relation to reports of sexual
 ly transmitted diseases
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 2306 of the public health law, as amended by chap
 ter 41 of the laws of 2010, is amended to read as follows:

 

S 2306. Sexually  transmissible  diseases;  reports  and  information,
 confidential. All reports or information secured by a board of health or
 health  officer  under the provisions of this article shall be confiden
 tial except in so far as is necessary to carry out the purposes of  this
 article. Such report or information may be disclosed by court order in a
 criminal proceeding in which it is otherwise admissible or in a proceed
 ing  pursuant  to  article  ten  of  the family court act in which it is
 otherwise admissible, to the prosecution and to the  defense,  or  in  a
 proceeding  pursuant  to article ten of the family court act in which it
 is otherwise admissible, to the petitioner, respondent and attorney  for
 the  child,  provided  that the subject of the report or information has
 waived the confidentiality provided for by this section. SUCH REPORT  OR
 INFORMATION  MAY  BE  USED AND DISCLOSED (A) WHEN USED IN THE AGGREGATE,
 WITHOUT PATIENT SPECIFIC IDENTIFYING INFORMATION, IN  PROGRAMS  APPROVED
 BY THE HEALTH OFFICER FOR THE IMPROVEMENT OF THE QUALITY OF MEDICAL CARE
 PROVIDED  TO  PERSONS  WITH SEXUALLY TRANSMITTED DISEASES; OR (B) WITHIN
 THE STATE HEALTH DEPARTMENT OR  A  LOCAL  HEALTH  DEPARTMENT  BY  PUBLIC
 HEALTH  DISEASE  PROGRAMS TO ASSESS CO-MORBIDITY, TO ASSESS COMPLETENESS
 OF REPORTING, AND TO DIRECT PROGRAM NEEDS, IN WHICH CASE PATIENT SPECIF
 IC IDENTIFYING INFORMATION SHALL NOT BE DISCLOSED OUTSIDE THE  STATE  OR
 LOCAL  HEALTH DEPARTMENT EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION. A
 person waives the confidentiality provided for by this section  if  such
 person voluntarily discloses or consents to disclosure of such report or
 information  or  a portion thereof. If such person lacks the capacity to
 consent to such a waiver, his or her parent, guardian or attorney may so
 consent. An order directing disclosure pursuant to  this  section  shall
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15741-01-2
 
       A. 10287                            2
 specify  that  no  report  or information shall be disclosed pursuant to
 such order which identifies or relates to  any  person  other  than  the
 subject of the report or information.
 

S 2. This act shall take effect immediately.

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