Bill S384-2011

Provides treatment for sexually transmissible diseases to minors without a parent's or guardian's consent

Provides treatment for sexually transmissible diseases to minors without a parent's or guardian's consent; provides definition for health care practitioner.

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  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 5, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S384

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To ensure that the immunization against HPV is administered to people at a time when it is most effective.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 2305 of the public health law to provide that no person other than a health care practitioner shall diagnose, treat or prescribe for a person who is infected with a sexually transmissible disease, or who has been exposed to infection with a sexually transmissible disease, or dispense or sell a drug, medicine or remedy for the treatment of such person except on prescription of a health care practitioner.

Section two amends subdivision 2 of section 2305 of the public health law to provide that a health care practitioner may diagnose, treat or prescribe treatment for a sexually transmissible disease for a person under age eighteen without the consent or knowledge of his or her parents or guardians where such person is infected with a sexually transmissible disease or has been exposed to infection with a sexually transmissible disease.

This section also provides that a health care practitioner may provide health care related to the prevention of a sexually transmissible disease, including administering vaccines, to a person under age eighteen without the consent or knowledge of his or her parents or guardians, provided such person has capacity to, consent to the care, without regard to the person's age, and the-person consents. The section provides further that any release of patient information regarding vaccines provided under this section shall be consistent with sections 17 and 18 of the public health law and other applicable laws and regulations.

In addition, this section defines "health care practitioner."

Section three provides the effective date.

JUSTIFICATION: Approximately 99.7% of all cervical cancer cases are linked to a virus, particularly certain types of the human papillomavirus (HPV). According to the American Cancer Society, there are about 3,700 deaths from cervical cancer in the United States every year. African American women and Hispanic women in the U.S. are disproportionately impacted by cervical cancer. The HPV vaccine, which has been approved by the U. S. Food and Drug Administration, is most effective

when administered before a person becomes sexually active. Generally, this means administering the vaccine to persons under the age of eighteen.

Currently, section 2305 of the public health law allows licensed physicians or hospital staff physicians to "diagnose, treat, or prescribe for a person under the age of twenty-one years without the consent or knowledge of the parents or guardian of said person, where such person is infected with a sexually transmissible disease, or has been exposed to infection with a sexually transmissible disease." Public policy in New York also dictates that a minor may receive family planning counseling and birth control, and terminate a pregnancy without the consent of a parent or guardian. Planned Parenthood and several community health centers testified at a Senate hearing two years ago that young women were coming into clinics and centers to ask for the HPV vaccine. Women are aware that it is more effective to receive the vaccination before they become sexually active.

This legislation provides that health care practitioners may provide health care related to the prevention of a sexually transmissible disease, including administer the HPV vaccine, to persons under the age of eighteen without the consent or knowledge of the parents or guardians only where those persons have the capacity to consent, without regard to the person's age, and consent to the medical care.

It is imperative that we promote protection against an often fatal disease to those who will most benefit from that protection. By allowing health care professionals to administer immunization against HPV to persons under the age of eighteen without the consent or knowledge of a parent or guardian, this legislation promotes the health and well being of persons at a most critical juncture in their lives: prior to being sexually active and prior to exposure to a virus that is linked to a deadly disease.

With this legislation, it will be clear that regardless of an individual's age, a person may receive from a health care practitioner the HPV vaccination, and in the case of a person under the age of eighteen, if he or she has the capacity to consent and consents.

PRIOR LEGISLATIVE HISTORY: 2009-2010: S.4779-B/A.6702-C Similar to A.9630, 2008, Referred to Health

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 384 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KRUEGER, ADAMS, PARKER, PERALTA -- 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 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: Section 1. Section 2305 of the public health law, as amended by chap- ter 878 of the laws of 1980, is amended to read as follows: S 2305. Sexually transmissible diseases; CARE AND treatment [by licensed physician or staff physician of a hospital; prescriptions] ; CONSENT BY MINORS. 1. No person, other than a [licensed physician, or, in a hospital, a staff physician] HEALTH CARE PRACTITIONER, shall diag- nose, treat or prescribe for a person who is infected with a sexually transmissible disease, or who has been exposed to infection with a sexu- ally transmissible disease, or dispense or sell a drug, medicine or remedy for the treatment of such person except on prescription of a [duly licensed physician] HEALTH CARE PRACTITIONER. 2. (A) A [licensed physician, or in a hospital, a staff physician,] HEALTH CARE PRACTITIONER may diagnose, treat or prescribe TREATMENT FOR A SEXUALLY TRANSMISSIBLE DISEASE for a person under the age of [twenty- one] EIGHTEEN years without the consent or knowledge of the parents or [guardian] GUARDIANS of said person, where such person is infected with a sexually transmissible disease, or has been exposed to infection with a sexually transmissible disease. (B) A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO THE PREVENTION OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING ADMINISTERING VACCINES, TO A PERSON UNDER THE AGE OF EIGHTEEN YEARS WITHOUT THE CONSENT OR KNOWLEDGE OF THE PARENTS OR GUARDIANS OF SUCH PERSON,
PROVIDED THAT THE PERSON HAS CAPACITY TO CONSENT TO THE CARE, WITHOUT REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS. (C) ANY RELEASE OF PATIENT INFORMATION REGARDING VACCINES PROVIDED UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH- TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS. 3. For the purposes of this section, [the term] (A) "hospital" shall mean a hospital as defined in article twenty- eight of this chapter; AND (B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE. S 2. This act shall take effect immediately.

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