NY State Senate Bill 2021-S937

Senate Bill S937

2021-2022 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 06, 2021	referred to health

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2021-S937 (ACTIVE) - Details

See Assembly Version of this Bill:: A822
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2305, 17 & 18, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4779, A6702
2011-2012: S384, A343
2013-2014: S3134, A497
2015-2016: S2712, A1528
2017-2018: S5611, A2469
2019-2020: S3899, A973
2023-2024: S762, A276

2021-S937 (ACTIVE) - Summary

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

2021-S937 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S937

SPONSOR: KRUEGER
 
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 health 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:

2019-20: S.3899A/A.973A Paulin - Health Comm.
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

2021-S937 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    937
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01966-01-1

 S. 937                              2
 
 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:
   (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

 S. 937                              3
 
 [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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