S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  762--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BAILEY,  COMRIE, HOYLMAN-SIGAL, PARKER,
   RIVERA, SALAZAR, SANDERS, SERRANO -- read twice and  ordered  printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee

 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, PHYSICIAN  ASSISTANT,  NURSE
 PRACTITIONER,  LICENSED MIDWIFE; prescriptions; CONSENT BY MINORS. 1. No
 person, other than a licensed physician, or,  in  a  hospital,  a  staff
 physician,  OR  A  PHYSICIAN  ASSISTANT, NURSE PRACTITIONER, OR LICENSED
 MIDWIFE ACTING WITHIN THEIR LAWFUL SCOPE OF  PRACTICE,  shall  diagnose,
 treat  or  prescribe for a person who is infected with a sexually trans-
 mitted disease, or who has been exposed to  infection  with  a  sexually
 transmitted  disease, or dispense or sell a drug, medicine or remedy for
 the treatment of such person except on prescription of a  duly  licensed
 physician.
   2. (A) A licensed physician, or in a hospital, a staff physician, OR A
 PHYSICIAN  ASSISTANT,  NURSE  PRACTITIONER,  OR  LICENSED MIDWIFE ACTING
 WITHIN THEIR LAWFUL SCOPE OF PRACTICE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02224-08-3
              

 S. 762--A                           2
 
 infected with a sexually transmitted disease, or  has  been  exposed  to
 infection with a sexually transmitted disease.
   (B)  A  LICENSED  PHYSICIAN, OR IN A HOSPITAL, A STAFF PHYSICIAN, OR A
 PHYSICIAN ASSISTANT, NURSE  PRACTITIONER,  OR  LICENSED  MIDWIFE  ACTING
 WITHIN  THEIR  LAWFUL SCOPE OF PRACTICE, MAY PROVIDE HEALTH CARE RELATED
 TO THE PREVENTION OF A SEXUALLY TRANSMISSIBLE DISEASE, INCLUDING  ADMIN-
 ISTERING  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.
   (D)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF
 PRACTICE OF ANY INDIVIDUAL LICENSED, CERTIFIED OR AUTHORIZED UNDER TITLE
 EIGHT OF THE EDUCATION LAW, NOR DOES THIS SECTION GIVE ANY SUCH INDIVID-
 UAL THE AUTHORITY TO ACT OUTSIDE THEIR SCOPE OF PRACTICE, AS DEFINED  IN
 TITLE EIGHT OF THE EDUCATION LAW.
   3.  For the purposes of this section, the term "hospital" shall mean a
 hospital as defined in article twenty-eight of this chapter.
   § 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 as 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
 S. 762--A                           3
 
 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
 [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.