* § 2171. Required offering of hepatitis C screening testing. 1.
Every individual age eighteen and older (or younger than eighteen if
there is evidence or indication of risk activity) who receives health
services as an inpatient or in the emergency department of a general
hospital defined in subdivision ten of section twenty-eight hundred one
of this chapter or who receives primary care services in an outpatient
department of such hospital or in a diagnostic and treatment center
licensed under article twenty-eight of this chapter or from a physician,
physician assistant, nurse practitioner or midwife providing primary
care shall be offered a hepatitis C screening test unless the health
care practitioner providing such services reasonably believes that:

(a) the individual is being treated for a life threatening emergency;
or

(b) the individual has previously been offered or has been the subject
of a hepatitis C screening test (except that a test shall be offered if
otherwise indicated); or

(c) the individual lacks capacity to consent to a hepatitis C
screening test.

2. If an individual accepts the offer of a hepatitis C screening test
and the screening test is reactive, an HCV RNA test must be performed,
on the same specimen or a second specimen collected at the same time as
the initial HCV screening test specimen, to confirm diagnosis of current
infection. The health care provider shall either offer all persons with
a detectable HCV RNA test follow-up HCV health care and treatment or
refer the individual to a health care provider who can provide follow-up
HCV health care and treatment.

3. The offering of hepatitis C screening testing under this section
shall be culturally and linguistically appropriate in accordance with
rules and regulations promulgated by the commissioner.

4. This section shall not affect the scope of practice of any health
care practitioner or diminish any authority or legal or professional
obligation of any health care practitioner to offer a hepatitis C
screening test or hepatitis C diagnostic test or to provide services or
care for the subject of a hepatitis C screening test or hepatitis C
diagnostic test.

5. Definitions. As used in this section, the following terms shall
have the following meanings:

(a) "Hepatitis C diagnostic test" shall mean any laboratory test or
tests that detect the presence of hepatitis C virus in the blood and
provides confirmation of whether the individual has a hepatitis C virus
infection.

(b) "Hepatitis C screening test" shall mean any laboratory screening
test or tests that detect the presence of hepatitis C virus antibodies
in the blood.

(c) "Primary care" means the medical fields of family medicine,
general pediatrics, primary care, internal medicine, primary care
obstetrics, or primary care gynecology, without regard to board
certification.

* NB Repealed January 1, 2030