STATE OF NEW YORK ________________________________________________________________________ 276--A 2023-2024 Regular Sessions IN ASSEMBLY January 4, 2023 ___________ Introduced by M. of A. PAULIN, DINOWITZ, L. ROSENTHAL, STECK, BRONSON, FAHY, CRUZ, EPSTEIN, HEVESI, JACOBSON, JACKSON, SEAWRIGHT, KELLES -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted 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: 1 Section 1. Section 2305 of the public health law, as amended by chap- 2 ter 878 of the laws of 1980, the section heading and subdivisions 1 and 3 2 as amended by section 35 of part E of chapter 56 of the laws of 2013, 4 is amended to read as follows: 5 § 2305. Sexually transmitted diseases; care and treatment by licensed 6 physician or staff physician of a hospital; prescriptions; consent by 7 minors. 1. No person, other than a licensed physician, or, in a hospi- 8 tal, a staff physician, shall diagnose, treat or prescribe for a person 9 who is infected with a sexually transmitted disease, or who has been 10 exposed to infection with a sexually transmitted disease, or dispense or 11 sell a drug, medicine or remedy for the treatment of such person except 12 on prescription of a duly licensed physician. 13 2. (a) A licensed physician, or in a hospital, a staff physician, may 14 diagnose, treat or prescribe treatment for a sexually transmitted 15 disease for a person under the age of [twenty-one] eighteen years with- 16 out the consent or knowledge of the parents or [guardian] guardians of 17 said person, where such person is infected with a sexually transmitted 18 disease, or has been exposed to infection with a sexually transmitted 19 disease. 20 (b) A licensed physician, or in a hospital, a staff physician, may 21 provide health care related to the prevention of a sexually transmissi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02224-02-3
A. 276--A 2 1 ble disease, including administering vaccines, to a person under the age 2 of eighteen years without the consent or knowledge of the parents or 3 guardians of such person, provided that the person has capacity to 4 consent to the care, without regard to the person's age, and the person 5 consents. 6 (c) Any release of patient information regarding vaccines provided 7 under this section shall be consistent with sections seventeen and eigh- 8 teen of this chapter and other applicable laws and regulations. 9 3. For the purposes of this section, the term "hospital" shall mean a 10 hospital as defined in article twenty-eight of this chapter. 11 § 2. The first undesignated paragraph of section 17 of the public 12 health law, as amended by chapter 322 of the laws of 2017, is amended to 13 read ad follows: 14 Upon the written request of any competent patient, parent or guardian 15 of an infant, a guardian appointed pursuant to article eighty-one of the 16 mental hygiene law, or conservator of a conservatee, an examining, 17 consulting or treating physician or hospital must release and deliver, 18 exclusive of personal notes of the said physician or hospital, copies of 19 all x-rays, medical records and test records including all laboratory 20 tests regarding that patient to any other designated physician or hospi- 21 tal provided, however, that such records concerning the care and treat- 22 ment of an infant patient for venereal disease or the performance of an 23 abortion operation upon such infant patient shall not be released or in 24 any manner be made available to the parent or guardian of such infant, 25 and provided, further, that original mammograms, rather than copies 26 thereof, shall be released and delivered. Either the physician or hospi- 27 tal incurring the expense of providing copies of x-rays, medical records 28 and test records including all laboratory tests pursuant to the 29 provisions of this section may impose a reasonable charge to be paid by 30 the person requesting the release and deliverance of such records as 31 reimbursement for such expenses, provided, however, that the physician 32 or hospital may not impose a charge for copying an original mammogram 33 when the original has been released or delivered to any competent 34 patient, parent or guardian of an infant, a guardian appointed pursuant 35 to article eighty-one of the mental hygiene law, or a conservator of a 36 conservatee and provided, further, that any charge for delivering an 37 original mammogram pursuant to this section shall not exceed the docu- 38 mented costs associated therewith. However, the reasonable charge for 39 paper copies shall not exceed seventy-five cents per page. A release of 40 records under this section shall not be denied solely because of inabil- 41 ity to pay. No charge may be imposed under this section for providing, 42 releasing, or delivering medical records or copies of medical records 43 where requested for the purpose of supporting an application, claim or 44 appeal for any government benefit or program, provided that, where a 45 provider maintains medical records in electronic form, it shall provide 46 the copy in either electronic or paper form, as required by the govern- 47 ment benefit or program, or at the patient's request. 48 § 3. Paragraph (i) of subdivision 3 of section 18 of the public health 49 law, as added by chapter 634 of the laws of 2004, is amended to read as 50 follows: 51 (i) The release of patient information shall be subject to: (i) arti- 52 cle twenty-seven-F of this chapter in the case of confidential HIV-re- 53 lated information; (ii) section seventeen of this article and sections 54 [twenty-three hundred one,] twenty-three hundred six and twenty-three 55 hundred eight of this chapter in the case of termination of a pregnancy, 56 and care and treatment for a sexually transmitted disease; (iii) article
A. 276--A 3 1 thirty-three of the mental hygiene law; and (iv) any other provisions of 2 law creating special requirements relating to the release of patient 3 information, including the federal health insurance portability and 4 accountability act of 1996 and its implementing regulations. 5 § 4. This act shall take effect immediately.