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BILL NUMBER:S261

TITLE OF BILL: An act to amend the public health law, in relation to permitting direct access to laboratory results

PURPOSE: To grant patients of eighteen years of age or older direct access to their personal laboratory results.

SUMMARY OF PROVISIONS: Section 1 amends the public health law by adding a new section 576-d, which authorizes patients of eighteen years of age or older to request and view a report of their laboratory results. The report will consist of a clear statement that will not act as replacement for physician or health care practitioner communication or advice. Section 2 effective date.

JUSTIFICATION: Currently in the state of New York, patients are not authorized to view their personal laboratory results. Instead, patients must first consult their physicians, who then would need to request access to the results. While other states allow patients to view their laboratory reports by request, New York unnecessarily forces patients to ask physicians to request the information for them. However, patients have a right to access their own results as it is their bodies and of their concern. This law would help patients get faster access to these medical records.

LEGISLATIVE HISTORY: S.2622 of 2007-2008; Referred to Senate Health Committee S.3219 of 2009-2010; Referred to Senate Health Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Text

STATE OF NEW YORK
________________________________________________________________________

261

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by Sens. MAZIARZ, ALESI, DeFRANCISCO, GRIFFO, HANNON, LIBOUS
  -- 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 permitting  direct
  access to laboratory results

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

  Section 1. The public health law is amended by adding  a  new  section
576-d to read as follows:
  S 576-D. DIRECT PATIENT ACCESS TO LABORATORY RESULTS. A PATIENT WHO IS
EIGHTEEN  YEARS OF AGE OR OLDER SHALL HAVE THE RIGHT TO REQUEST A REPORT
OF ANY LABORATORY RESULTS OF TESTS PERFORMED ON SUCH PERSON.  NOTHING IN
THIS SECTION SHALL AUTHORIZE A CLINICAL  LABORATORY  TO  ENGAGE  IN  THE
PRACTICE  OF  ANY HEALTH CARE PROFESSION UNDER TITLE EIGHT OF THE EDUCA-
TION LAW. THE REPORT ISSUED TO A PERSON PURSUANT TO THIS  SECTION  SHALL
CONTAIN  A  CLEAR  STATEMENT,  PRESENTED  IN  A PROMINENT MANNER, TO THE
EFFECT THAT THE REPORT SHOULD NOT BE VIEWED AS MEDICAL ADVICE AND IS NOT
MEANT TO REPLACE DIRECT COMMUNICATION WITH A PHYSICIAN OR  OTHER  HEALTH
CARE PRACTITIONER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01669-01-1