Assembly Bill A7757

2009-2010 Legislative Session

Removes the need for a health care provider to receive a separate written consent for the performance of an HIV related test

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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

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Bill Amendments

2009-A7757 - Details

Current Committee:
Assembly Health
Laws Affected:
Amd §§2781, 2135, 2780, 2130, 2782, 2783 & 2786, add §2781-a, Pub Health L

2009-A7757 - Summary

Relates to HIV related testing; removes the need for a health care provider to receive a separate written consent for the performance of an HIV related test; requires counseling or referrals for counseling upon the communication of a positive test result.

2009-A7757 - Bill Text download pdf

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

    S. 4484                                                  A. 7757

                       2009-2010 Regular Sessions

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

                             April 23, 2009
                               ___________

IN SENATE -- Introduced by Sen. HUNTLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- read once and referred
  to the Committee on Health

AN  ACT to amend the public health law, in relation to HIV related test-
  ing

  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  the  [written,] 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 pursuant to law to order the performance of  an  HIV  related
test  shall [certify, 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] AN HIV RELATED test by a  laboratory  or  other
facility,  DOCUMENT  THE  PROVISION  OF INFORMED CONSENT AND WHETHER THE
SUBJECT OF THE TEST OR PERSON AUTHORIZED PURSUANT TO LAW TO  CONSENT  TO
HEALTH  CARE  FOR  SUCH  INDIVIDUAL DECLINED THE OFFER OF AN HIV RELATED
TEST.
  2. (A) Informed consent to an HIV related test  shall  consist  of  [a
statement  signed by the subject of the test who has capacity to consent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11228-02-9
              

co-Sponsors

multi-Sponsors

2009-A7757A (ACTIVE) - Details

Current Committee:
Assembly Health
Laws Affected:
Amd §§2781, 2135, 2780, 2130, 2782, 2783 & 2786, add §2781-a, Pub Health L

2009-A7757A (ACTIVE) - Summary

Relates to HIV related testing; removes the need for a health care provider to receive a separate written consent for the performance of an HIV related test; requires counseling or referrals for counseling upon the communication of a positive test result.

2009-A7757A (ACTIVE) - Sponsor Memo

2009-A7757A (ACTIVE) - Bill Text download pdf

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

    S. 4484--A                                            A. 7757--A

                       2009-2010 Regular Sessions

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

                             April 23, 2009
                               ___________

IN SENATE -- Introduced by Sens. HUNTLEY, ADAMS, MONSERRATE, MONTGOMERY,
  PADAVAN,  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

IN ASSEMBLY -- Introduced by M. of A. ROBINSON, SPANO,  PEOPLES,  MAYER-
  SOHN, WEPRIN, GALEF, ARROYO, CUSICK, LANCMAN, JEFFRIES, PERALTA, SCAR-
  BOROUGH,  ESPAILLAT,  PHEFFER,  BARRON, BENJAMIN, HOOPER, COOK, PERRY,
  CASTRO,  CAMARA,  GANTT,  CLARK,  TITUS,  DenDEKKER,  BOYLAND,  AUBRY,
  J. RIVERA, JAFFEE, FIELDS, RAMOS, P. RIVERA, WRIGHT -- Multi-Sponsored
  by  --  M.  of A. ABBATE, ALFANO, BACALLES, BARCLAY, BARRA, BENEDETTO,
  BOYLE, BRADLEY,  BROOK-KRASNY,  BURLING,  BUTLER,  CALHOUN,  CARROZZA,
  COLTON, CONTE, DESTITO, DINOWITZ, ENGLEBRIGHT, FITZPATRICK, GABRYSZAK,
  GIANARIS,  GIGLIO, GORDON, HAWLEY, HIKIND, HOYT, KOON, LUPARDO, MAGEE,
  MAGNARELLI,  MAISEL,  MARKEY,  McDONOUGH,  McKEVITT,   MENG,   MILLER,
  MORELLE, OAKS, ORTIZ, PAULIN, QUINN, RAIA, REILICH, REILLY, N. RIVERA,
  RUSSELL,  SALADINO,  SAYWARD,  SKARTADOS,  STIRPE,  SWEENEY,  TEDISCO,
  THIELE, TOBACCO,  WALKER,  WEISENBERG,  ZEBROWSKI  --  read  once  and
  referred  to  the  Committee  on  Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the public health law, in relation to HIV related test-
  ing

  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11228-03-9

              

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