BILL NUMBER:S3134

TITLE  OF  BILL:   An act to amend the public health law, in relation to
providing medical care to minors for sexually transmitted diseases with-
out 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 effec-
tive.

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 transmis-
sible disease, or dispense or sell a drug, medicine or  remedy  for  the
treatment of such person except on prescription of a health care practi-
tioner.

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 tran-
smissible disease or has been exposed to infection with a sexually tran-
              

smissible 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 eigh-
teen without the consent or knowledge of his or her parents  or  guardi-
ans,  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 regu-
lations.

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 papillomavi-
rus (HPV).  According to the American Cancer Society,  there  are  about
3,700 deaths from cervical cancer in the United States every year. Afri-
can 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 adminis-

tered 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 physi-
cians or hospital staff physicians to "diagnose, treat, or prescribe for
a person under the age of twenty-one years without the consent or  know-
ledge  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 individ-
ual'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.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: Immediately,