Assembly Bill A8475

Signed By Governor
2023-2024 Legislative Session

Relates to HIV related testing requirements

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • 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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2023-A8475 (ACTIVE) - Details

See Senate Version of this Bill:
S7809
Law Section:
Public Health Law
Laws Affected:
Amd §2781, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8149
2021-2022: S6082

2023-A8475 (ACTIVE) - Summary

Relates to notice of certain medical options and to communication with the person being tested prior to HIV related testing.

2023-A8475 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8475
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- 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] PRIOR TO ORDERING
 THE TEST, INFORMATION SHALL BE PROVIDED, EITHER ORALLY OR BY PROMINENTLY
 DISPLAYED SIGNAGE, BY PRINTED MATERIALS, BY ELECTRONIC  MEANS  OR  OTHER
 APPROPRIATE  FORM OF COMMUNICATION to the subject of an HIV related test
 or, if the subject lacks capacity to consent,  to  a  person  authorized
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13770-02-3
              

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