NY State Senate Bill 2019-S3899

Senate Bill S3899

2019-2020 Legislative Session

Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent

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Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jun 20, 2019	committed to rules
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.621
May 01, 2019	print number 3899a
May 01, 2019	amend and recommit to health
Feb 21, 2019	referred to health

Votes

- May 7, 2019 - Health Committee Vote
  S3899
  
  8
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 7, 2019
      
      aye (8)
      
      Benjamin
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Stavisky
      
      nay (5)
      
      Antonacci
      
      Gallivan
      
      Jacobs
      
      Little
      
      Ritchie
      
      aye wr (2)
      
      Biaggi
      
      Salazar

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S3899 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2305, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4779
2011-2012: S384
2013-2014: S3134
2015-2016: S2712
2017-2018: S5611
2021-2022: S937
2023-2024: S762

2019-S3899 - Summary

Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent; provides definition for health care practitioner.

2019-S3899 - Sponsor Memo

                                
 
BILL NUMBER: S3899

SPONSOR: KRUEGER
 
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 diagnosis, treatment, and prevention, including
immunization, of a sexually transmissible disease are available when
most effective

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the heading and subdivisions 1, 2 and 3 of section
2305 of the public health law. The section amends subdivision 1 to
provide that no person other than a health care practitioner shall diag-
nose, treat or prescribe for a person who is infected with a sexually

transmissible disease, or who has been exposed to infection with a sexu-
ally 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. This section amends subdivision 2 to provide
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 know-
ledge of his or her parents or guardians provided such person has capac-
ity to consent to the care, without regard to the person's age, and the
person consents. 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. This
section one amends subdivision 3 by adding the definition of "health
care practitioner."

Section two provides the effective date.

 
JUSTIFICATION:

Section 2305 of the public health law currently permits a licensed
physician or a staff physician in a hospital to diagnose or treat
persons under age 21 infected with a sexually transmissible disease or
exposed to a sexually transmissible disease without the consent or know-
ledge of the parents or guardians of such persons. Yet current law does
not allow young people the same access to care to prevent sexually tran-
smissible diseases. The Legislature has recognized that it is critical
to protecting the health of young people to allow them to seek treatment
of sexually transmitted diseases without the consent of their parents or
guardians because we know that teens often do not seek parental consent
because a request for consent necessarily involves disclosing to parents
that the teen has engaged in sexual activity. The Legislature is aware
that if teens are not permitted to seek care and treatment of sexually
transmissible diseases, sexually transmissible diseases among many of
our teens would go untreated, severely impeding the State's ability to
control the spread of sexually transmissible diseases. This can be
particularly problematic in correctional settings where attempts to
obtain parental consent are often unsuccessful.

Regardless of setting, teens should not be limited to access to care on
a confidential basis after the fact, or after infection or contraction
of a sexually transmissible disease. Teens should have access to confi-
dential care before infection or contracting the sexually transmissible
disease, to prevent disease or life-threatening illnesses such as cervi-
cal cancer and liver cancer.

This is particularly evident when we possess safe and effective means,
such as the human papillomavirus (HPV) and hepatitis B vaccines, to
prevent our teens from becoming infected with the viruses that cause
such cancers.

Approximately 99.79 of all cervical cancer cases are linked to certain
types of the HPV virus. According to the American Cancer Society,
approximately 3,700 people die from cervical cancer in the United States
every year. African 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 for males and
females age 11 - 26, with recommended vaccination of 11 & 12 year olds,
is most effective when administered before a person becomes sexually
active. Generally, this means administering the vaccine to persons under
the age of eighteen.

Armed with this knowledge, young people have sought to be immunized with
the HPV vaccine. Planned Parenthood and several community health centers
testified at a Senate hearing a few years ago that young women were
coming into clinics and centers requesting the HPV vaccine. Yet even
though teens may receive family planning counseling and birth control,
terminate a pregnancy, and receive treatment for a sexually transmissi-
ble disease, in each case without the consent of a parent or guardian,
those very teens cannot obtain the HPV vaccine without parental consent.

Similarly, a teen cannot obtain the hepatitis B vaccine without parental
consent. The hepatitis B virus (HBV), a major cause of liver disease,
ranking as a substantial cause of cirrhosis and cancer of the liver, is
sexually transmitted. Persons with HBV infection have the virus circu-
lating in their blood, much like HIV, (HBV is approximately 100 times
more contagious than HIV.) HBV infected persons either recover from
their infection in several months or they may remain chronically
infected for most of their life.

Although HBV is a common infection, it often goes unnoticed. Chronic
infection with HBV often goes undetected for 20 to 40 years until the
resulting liver disease makes the person ill. HBV can effectively
destroy the liver or stimulate the development of liver cancer in some-
one who thinks he or she is completely well. Persons who become chron-
ically infected with HBV as adolescents or adults have a 15% chance of
dying from liver disease and are at high risk of death from liver
cancer, 4,000 to 5,000 people die in the United States each year from
hepatitis B.

It is imperative that we promote protection against often fatal diseases
to those who will most benefit from that protection. By allowing health
care professionals to administer immunization against HPV, hepatitis B,
and other sexually transmitted diseases 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 viruses we know are linked to deadly diseases.

With this legislation, we can ensure that every person, regardless of
age, may receive the full range of reproductive and sexual health care
services, including prevention care, and where the person is under the
age of eighteen, if he or she has the capacity to consent and consents.

 
LEGISLATIVE HISTORY:

2017-18: S.5611/A.2469 Paulin - Health Comm.
2015-16: S.2712/A.1528 Paulin - Health Comm.
2013-14: S.3134/A.497A Paulin - Health Comm.
2011-12: S.4779B/A.6702C Paulin - Both died on 3rd reading

 
FISCAL IMPLICATION:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2019-S3899 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3899
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sens. KRUEGER, BAILEY, HOYLMAN, PARKER, RIVERA, SANDERS,
   SERRANO -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Health
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2305 of the public health law, as amended by chap-
 ter 878 of the laws of 1980, the section heading and subdivisions 1  and
 2  as amended by section 35 of part E of chapter 56 of the laws of 2013,
 is amended to read as follows:
   § 2305. Sexually transmitted diseases; CARE AND treatment [by licensed
 physician or staff physician of a hospital; prescriptions];  CONSENT  BY
 MINORS.  1. No person, other than a [licensed physician, or, in a hospi-
 tal, a staff physician] HEALTH CARE PRACTITIONER, shall diagnose,  treat
 or  prescribe  for  a person who is infected with a sexually transmitted
 disease, or who has been exposed to infection with a sexually  transmit-
 ted  disease,  or  dispense  or  sell a drug, medicine or remedy for the
 treatment of such person except on  prescription  of  a  [duly  licensed
 physician] HEALTH CARE PRACTITIONER.
   2.  (A)  A  [licensed  physician, or in a hospital, a staff physician]
 HEALTH CARE PRACTITIONER, may diagnose, treat or prescribe TREATMENT FOR
 A SEXUALLY TRANSMITTED DISEASE for a person under the  age  of  [twenty-
 one]  EIGHTEEN  years without the consent or knowledge of the parents or
 [guardian] GUARDIANS of said person, where such person is infected  with
 a  sexually transmitted disease, or has been exposed to infection with a
 sexually transmitted disease.
   (B) A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO  THE
 PREVENTION  OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING ADMINISTERING
 VACCINES, TO A PERSON UNDER  THE  AGE  OF  EIGHTEEN  YEARS  WITHOUT  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00631-01-9

 S. 3899                             2
 
 CONSENT  OR  KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF SUCH PERSON,
 PROVIDED THAT THE PERSON HAS CAPACITY TO CONSENT TO  THE  CARE,  WITHOUT
 REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.
   (C)  ANY  RELEASE  OF  PATIENT INFORMATION REGARDING VACCINES PROVIDED
 UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
 TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS.
   3. For the purposes of this section, [the term]
   (A) "hospital" shall mean a hospital as  defined  in  article  twenty-
 eight of this chapter; AND
   (B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED
 OR  OTHERWISE  AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION
 LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S3899A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2305, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4779
2011-2012: S384
2013-2014: S3134
2015-2016: S2712
2017-2018: S5611
2021-2022: S937
2023-2024: S762

2019-S3899A (ACTIVE) - Summary

Provides treatment for sexually transmitted diseases to minors without a parent's or guardian's consent; provides definition for health care practitioner.

2019-S3899A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3899A

SPONSOR: KRUEGER
 
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 diagnosis, treatment, and prevention, including
immunization, of a sexually transmissible disease are available when
most effective

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 2305 of the Public Health Law, stipulating
that health care practitioners acting within their scope of practice may
diagnose, treat, prescribe, or provide preventive care of sexually tran-
smissible diseases, including administering vaccines, to persons under
the age of eighteen without the consent or knowledge of their parents or
guardians. Persons under the age of eighteen must have capacity to

consent, and must provide consent. "Health care practitioner" is
defined.

Section two amends section 17 of the Public Health Law to add the term
"care" to the type of medical information that may be released.

Section three amends section 18 of the Public Health Law to add the term
"care" to the type of medical information that may be released.

Section four provides the effective date.

 
JUSTIFICATION:

Current New York State law permits licensed doctors and hospital staff
physicians to diagnose and treat persons under twenty-one who have been
exposed to or who have contracted a sexually transmissible disease with-
out the consent or knowledge of their parents or guardians. This current
policy does not reflect current standards of medical practice, and may
preclude minors from getting preventive care, including immunizations.

There is increased public concern, including among youth, that human
papillomavirus (HPV) and hepatitis B can be sexually transmitted and can
cause life-threatening illnesses such as cervical and liver cancer.
According to the National Cancer Institute, nearly all cases of cervical
cancer are caused by HPV. The American Cancer Society estimates that
approximately 4,250 women in the United States will die from cervical
cancer in 2019. Although hepatitis B virus (HBV) is a common infection,
it often goes unnoticed. HBV causes liver disease, cirrhosis, and liver
cancer. HBV infected persons may remain chronically infected for most of
their lives, and thousands die each year.

Preventive immunizations are available. The HPV vaccine, which has been
approved by the U.S. Food and Drug Administration for males and females
age 11 - 26, with recommended vaccination of 11 and 12 year olds, is
most effective when administered before a person becomes sexually
active. Generally, this means administering the vaccine to persons under
the age of eighteen. The CDC recommends the HBV vaccine for infants,

children and adolescents under the age of 19, as well as people who are
at risk of infection by sexual exposure or for other reasons.

Although these immunizations are available and requested by people of
different ages, including youth, persons under the age of eighteen may
not receive these vaccinations without parental consent.  Requesting
parental consent necessarily involves disclosing to parents that the
minor is thinking about or has engaged in sexual activity, which can be
problematic and prevent the minor from getting vital health care
services. This bill will enable persons under the age of eighteen to
receive critical immunizations that will help to prevent life-threaten-
ing health conditions and the spread of sexually transmissible diseases.

This bill also purports to update state law to align with contemporary
standards of medical practice by authorizing heath care practitioners
licensed under title eight of the Education Law, and acting within their
scope of practice, to provide the health care services relevant to this
article. Due to great strides in the field of medicine, advanced prac-
tice clinicians (APCs), including physician assistants, nurse practi-
tioners, and licensed midwives, perform a range of medical services.
State regulations have previously determined that APCs are qualified to
diagnose and treat sexually transmissible diseases.

The Legislature has recognized that critical to protecting the health of
young people is allowing them to seek preventive care and treatment of
sexually transmissible diseases without the consent or knowledge of
their parents or guardians.

This legislation ensures that every person, regardless of age, may
receive the full range of sexual health care services, including preven-
tive care. In cases where the person is under the age of eighteen, she
or he must have the capacity to consent and provide consent.

 
LEGISLATIVE HISTORY:

2017-18: S.5611/A.2469 Paulin - Health Comm.
2015-16: S.2712/A.1528 Paulin - Health Comm.
2013-14: S.3134/A.497A Paulin - Health Comm.
2011-12: S.384/A.343 Paulin - Health Comm.
2009-10: S.4779B/A.6702C Paulin - Both died on 3rd reading

 
FISCAL IMPLICATION:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2019-S3899A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3899--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sens. KRUEGER, BAILEY, HOYLMAN, PARKER, RIVERA, SANDERS,
   SERRANO -- 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  commit-
   tee

 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2305 of the public health law, as amended by chap-
 ter 878 of the laws of 1980, the section heading and subdivisions 1  and
 2  as amended by section 35 of part E of chapter 56 of the laws of 2013,
 is amended to read as follows:
   § 2305. Sexually transmitted diseases; CARE AND treatment [by licensed
 physician or staff physician of a hospital; prescriptions];  CONSENT  BY
 MINORS.  1. No person, other than a [licensed physician, or, in a hospi-
 tal, a staff physician] HEALTH CARE PRACTITIONER, shall diagnose,  treat
 or  prescribe  for  a person who is infected with a sexually transmitted
 disease, or who has been exposed to infection with a sexually  transmit-
 ted  disease,  or  dispense  or  sell a drug, medicine or remedy for the
 treatment of such person except on  prescription  of  a  [duly  licensed
 physician] HEALTH CARE PRACTITIONER.
   2.  (A)  A  [licensed physician, or in a hospital, a staff physician,]
 HEALTH CARE PRACTITIONER may diagnose, treat or prescribe TREATMENT  FOR
 A  SEXUALLY  TRANSMITTED  DISEASE for a person under the age of [twenty-
 one] EIGHTEEN years without the consent or knowledge of the  parents  or
 [guardian]  GUARDIANS of said person, where such person is infected with
 a sexually transmitted disease, or has been exposed to infection with  a
 sexually transmitted disease.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00631-03-9

 S. 3899--A                          2
 
   (B)  A HEALTH CARE PRACTITIONER MAY PROVIDE HEALTH CARE RELATED TO THE
 PREVENTION OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING  ADMINISTERING
 VACCINES,  TO  A  PERSON  UNDER  THE  AGE  OF EIGHTEEN YEARS WITHOUT THE
 CONSENT OR KNOWLEDGE  OF  THE  PARENTS  OR  GUARDIANS  OF  SUCH  PERSON,
 PROVIDED  THAT  THE  PERSON HAS CAPACITY TO CONSENT TO THE CARE, WITHOUT
 REGARD TO THE PERSON'S AGE, AND THE PERSON CONSENTS.
   (C) ANY RELEASE OF PATIENT  INFORMATION  REGARDING  VACCINES  PROVIDED
 UNDER THIS SECTION SHALL BE CONSISTENT WITH SECTIONS SEVENTEEN AND EIGH-
 TEEN OF THIS CHAPTER AND OTHER APPLICABLE LAWS AND REGULATIONS.
   3. For the purposes of this section, [the term]
   (A)  "hospital"  shall  mean  a hospital as defined in article twenty-
 eight of this chapter; AND
   (B) "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED
 OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF  THE  EDUCATION
 LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
   §  2.  The  first  undesignated  paragraph of section 17 of the public
 health law, as amended by chapter 322 of the laws of 2017, is amended to
 read ad follows:
   Upon the written request of any competent patient, parent or  guardian
 of an infant, a guardian appointed pursuant to article eighty-one of the
 mental  hygiene  law,  or  conservator  of  a conservatee, an examining,
 consulting or treating physician or hospital must release  and  deliver,
 exclusive of personal notes of the said physician or hospital, copies of
 all  x-rays,  medical  records and test records including all laboratory
 tests regarding that patient to any other designated physician or hospi-
 tal provided, however, that such records concerning the CARE AND  treat-
 ment  of an infant patient for venereal disease or the performance of an
 abortion operation upon such infant patient shall not be released or  in
 any  manner  be made available to the parent or guardian of such infant,
 and provided, further, that  original  mammograms,  rather  than  copies
 thereof, shall be released and delivered. Either the physician or hospi-
 tal incurring the expense of providing copies of x-rays, medical records
 and  test  records  including  all  laboratory  tests  pursuant  to  the
 provisions of this section may impose a reasonable charge to be paid  by
 the  person  requesting  the  release and deliverance of such records as
 reimbursement for such expenses, provided, however, that  the  physician
 or  hospital  may  not impose a charge for copying an original mammogram
 when the original has  been  released  or  delivered  to  any  competent
 patient,  parent or guardian of an infant, a guardian appointed pursuant
 to article eighty-one of the mental hygiene law, or a conservator  of  a
 conservatee  and  provided,  further,  that any charge for delivering an
 original mammogram pursuant to this section shall not exceed  the  docu-
 mented  costs  associated  therewith. However, the reasonable charge for
 paper copies shall not exceed seventy-five cents per page. A release  of
 records under this section shall not be denied solely because of inabil-
 ity  to  pay. No charge may be imposed under this section for providing,
 releasing, or delivering medical records or copies  of  medical  records
 where  requested  for the purpose of supporting an application, claim or
 appeal for any government benefit or program,  provided  that,  where  a
 provider  maintains medical records in electronic form, it shall provide
 the copy in either electronic or paper form, as required by the  govern-
 ment benefit or program, or at the patient's request.
   § 3. Paragraph (i) of subdivision 3 of section 18 of the public health
 law,  as added by chapter 634 of the laws of 2004, is amended to read as
 follows:

 S. 3899--A                          3
 
   (i) The release of patient information shall be subject to: (i)  arti-
 cle  twenty-seven-F  of this chapter in the case of confidential HIV-re-
 lated information; (ii) section seventeen of this article  and  sections
 [twenty-three  hundred  one,]  twenty-three hundred six and twenty-three
 hundred eight of this chapter in the case of termination of a pregnancy,
 and CARE AND treatment for a sexually transmitted disease; (iii) article
 thirty-three of the mental hygiene law; and (iv) any other provisions of
 law  creating  special  requirements  relating to the release of patient
 information, including the  federal  health  insurance  portability  and
 accountability act of 1996 and its implementing regulations.
   § 4. This act shall take effect immediately.

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Senate Bill S3899

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2019-S3899 - Details

2019-S3899 - Summary

2019-S3899 - Sponsor Memo

2019-S3899 - Bill Text download pdf

co-Sponsors

2019-S3899A (ACTIVE) - Details

2019-S3899A (ACTIVE) - Summary

2019-S3899A (ACTIVE) - Sponsor Memo

2019-S3899A (ACTIVE) - Bill Text download pdf

Comments