Directs clinical laboratories to provide results of tests directly to the person on whom the test was performed.
BILL NUMBER:S634A REVISED MEMO 05/20/2013
TITLE OF BILL: An act to amend the public health law, in relation to directing clinical laboratories to provide results of tests directly to the person on whom the test was performed
SUMMARY OF SPECIFIC PROVISIONS:
The public health law is amended by adding a new section 576-d.
Presently, in New York state, the patient must request a copy of a lab report from a physician. This can take a great deal of time and is sometimes difficult. This bill would provide for the release of test results to the patient subsequent to the results being reported to the physician who ordered it. This would allow the patient to be an informed participant in his/her own medical care and if the patient were to change doctors or seek additional opinions regarding care, test results would be readily accessible.
This practice is in effect in New Jersey.
PRIOR LEGISLATIVE HISTORY:
2009/2010: S.2896 - Referred to Health Committee 2011/2012: S.3607 - Referred to Health Committee
None to the state.
STATE OF NEW YORK ________________________________________________________________________ 634--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to directing clinical laboratories to provide results of tests directly to the person on whom the test was performed 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. RELEASE OF TEST RESULTS TO PATIENTS. 1. A CLINICAL LABORATORY SHALL, UPON REQUEST, REPORT THE RESULTS OF ANY TEST, EXAMINATION OR ANALYSIS OF A SPECIMEN SUBMITTED FOR EVIDENCE OF HUMAN DISEASE OR MEDICAL CONDITION DIRECTLY TO THE PERSON ON WHOM THE TEST WAS PERFORMED, SUBSEQUENT TO WHEN THE TEST HAS BEEN REPORTED TO THE PHYSICIAN OR HEALTH CARE PRACTITIONER WHO ORDERED SUCH TEST OR EXAMINATION, EXCEPT IN CASES OF IMMEDIATE MEDICAL JEOPARDY WHEN RESULTS MAY BE PROVIDED IMMEDIATELY TO THE PATIENT. 2. NOTHING IN THIS SECTION SHALL AUTHORIZE A CLINICAL LABORATORY TO ENGAGE IN THE PRACTICE OF ANY HEALTH CARE PROFESSION UNDER TITLE EIGHT OF THE EDUCATION LAW. THE REPORT ISSUED 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 immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04275-02-3