Assembly Bill A7896

2019-2020 Legislative Session

Relates to HIV related testing requirements

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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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2019-A7896 (ACTIVE) - Details

See Senate Version of this Bill:
S6082
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2781, Pub Health L

2019-A7896 (ACTIVE) - Summary

Relates to HIV related testing requirements.

2019-A7896 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7896
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to HIV related  test-
   ing requirements
 
   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 amended by  chap-
 ter  308 of the laws of 2010, subdivisions 1 and 2 as amended by chapter
 502 of the laws of 2016 and subdivision 4 as amended  by  section  2  of
 part A of chapter 60 of the laws of 2014, is amended to read as follows:
   §  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, at a minimum, [orally advising] PROVIDING NOTICE BY
 MEANS READILY ACCESSIBLE IN MULTIPLE LANGUAGES TO the protected individ-
 ual, or, when the protected individual  lacks  capacity  to  consent,  a
 person authorized to consent to health care for such individual, that an
 HIV-related test is being performed, or over the objection of such indi-
 vidual  or  authorized  persons.  Such  [advisement  and objection, when
 applicable] NOTICE MAY BE PROVIDED ORALLY,  IN  WRITING  BY  PROMINENTLY
 DISPLAYED  SIGNAGE,  BY  ELECTRONIC  MEANS  OR OTHER APPROPRIATE FORM OF
 COMMUNICATION. SUCH NOTICE SHALL INCLUDE INFORMATION THAT HIV TESTING IS
 VOLUNTARY. A REFUSAL OF AN HIV RELATED TEST shall be noted in the  indi-
 vidual's record.
   2.  [A  person  ordering  the performance of an HIV related test shall
 provide either directly or through a representative to the subject of an
 HIV related test or, if the subject lacks  capacity  to  consent,  to  a
 person  authorized  pursuant  to  law  to consent to health care for the
 subject, an explanation that:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11267-02-9
              

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