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 disproportion-
ately 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.