Assembly Bill A11487

Signed By Governor
2009-2010 Legislative Session

Makes provisions relating to HIV testing, including consent for such testing, required offering for such testing, confidentiality and disclosure

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8227 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2009-A11487 (ACTIVE) - Details

See Senate Version of this Bill:
S8227
Law Section:
Public Health Law
Laws Affected:
Amd §§2781, 2135, 2780, 2130, 2782 & 2786, add §2781-a, Pub Health L

2009-A11487 (ACTIVE) - Summary

Relates to HIV testing, including consent for such testing, required offering for such testing, confidentiality and disclosure.

2009-A11487 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 8227                                                 A. 11487

                      S E N A T E - A S S E M B L Y

                              June 17, 2010
                               ___________

IN SENATE -- Introduced by Sen. DUANE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

IN  ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
  A. Gottfried, Towns) -- read once and referred  to  the  Committee  on
  Health

AN ACT to amend the public health law, in relation to HIV testing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2781 of the public health law, as added by  chapter
584  of  the  laws  of  1988, paragraph (d) of subdivision 6 as added by
chapter 220 of the laws of 1996 and subdivision 7 as  added  by  chapter
429 of the laws of 2005, is amended to read as follows:
  S  2781.  HIV  related testing. 1. Except as provided in section three
thousand one hundred twenty-one of the civil practice law and rules,  or
unless  otherwise  specifically  authorized  or  required  by a state or
federal law, no person shall order the performance  of  an  HIV  related
test  without  first  [receiving]  HAVING RECEIVED the written OR, WHERE
AUTHORIZED BY THIS SUBDIVISION, ORAL, informed consent of the subject of
the test who has capacity to consent or, when the subject lacks capacity
to consent, of a person authorized pursuant to law to consent to  health
care for such individual. [A physician or other person authorized pursu-
ant  to law to order the performance of an HIV related test shall certi-
fy, in the order for the  performance  of  an  HIV  related  test,  that
informed  consent  required  by  this section has been received prior to
ordering such test by a laboratory or other  facility.]  WHEN  THE  TEST
BEING  ORDERED  IS    A  RAPID  HIV  TEST,  SUCH INFORMED CONSENT MAY BE
OBTAINED ORALLY AND SHALL BE DOCUMENTED IN THE  SUBJECT  OF  THE  TEST'S
MEDICAL RECORD BY THE PERSON ORDERING THE PERFORMANCE OF THE TEST.
  2.  [Informed]  EXCEPT  WHERE  SUBDIVISION ONE OF THIS SECTION PERMITS
INFORMED CONSENT TO BE OBTAINED ORALLY, INFORMED  consent  to  [an]  HIV
related  [test]  TESTING  shall consist of a statement CONSENTING TO HIV
RELATED TESTING signed by the subject of the test who  has  capacity  to
consent  or,  when  the  subject  lacks capacity to consent, by a person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.