NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A276B
SPONSOR: Paulin TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that the diagnosis, treatment, and prevention, including
immunization, of a sexually transmissible disease are available.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the heading and subdivisions 1 and 2 of section 2305
of the public health law. The section amends subdivision 1 to provide
that no person other than a licensed physician or hospital staff physi-
cian, nurse practitioner, or licensed midwife 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 licensed physician
or hospital staff physician. This section also provides that a licensed
physician or hospital staff physician may provide health care related to
the prevention of a sexually transmitted disease, including administer-
ing vaccines, to a person under age eighteen without the consent or
knowledge of his or her parents or guardians provided such person has
capacity to consent to the care, without regard to the person's age, and
the person consents. Any release of patient information regarding
vaccines provided under this section shall be consistent with sections
17 and 18 of the public health law and other applicable laws and regu-
lations.
Section two provides the effective date.
JUSTIFICATION:
This legislation amends the public health law to allow physicians to
provide health care related to the prevention of sexually transmitted
diseases, including administering vaccines, to minors under the age of
18 without parental consent or knowledge, so long as the individual has
the capacity to consent to such care. A new health regulation took
effect in December of 2017 allowing minors to receive medical care for
Sexually transmitted diseases without parental consent (See 10 NYCRR
23.4). Therefore, this bill simply codifies standards we already have in
place under current regulations.
The human papillomavirus (HPV) is the most common STD in the United
States. The CDC estimates that about 79 million Americans, the majority
of whom are in their late teens and early 20s, are infected with HPV.
The CDC recommends that boys and girls aged 11 to 12 year olds get two
doses of the HPV vaccine to protect against cancers caused by the virus.
Many young people are hesitant to seek treatment for STDs, because it
involves discussing sensitive matters with their parents or guardians.
This can cause a delay or prevent them entirely from seeking treatment,
worsening the effects of an STD that has already been contracted while
also promoting further spread of the disease to others. Vaccinations are
safe and effective and allowing minors to seek out care without parental
consent will allow them to receive critical treatment in a timely
manner. Our law must be amended to protect this important regulation.
Through this legislation, we can ensure that everyone may receive the
full range of sexual health care services necessary to prevent the
spread of these diseases.
PRIOR LEGISLATIVE HISTORY:
A.822, 2021 and 2022, referred to health / S.937, 2021 and 2022,
referred to health.
A.973A, 2020, referred to health / S.3899A, 2020, referred to health.
A.973A, 2019, amended and recommitted to health / S.3899A, 2019, commit-
ted to codes.
A.2469, 2017 and 2018, referred to health. Same as 5.5611, 2017 and
2018, referred to health.
A.1528, 2015 and 2016 referred to health. Same as 5.2712, 2015 and 2016
referred to health.
A.497A, 2013 and 2014 referred to health. Same as S.3134A, 2013. and
2014 referred to health.
A.343, 2011 and 2012 referred to health. Same as 5.384, 2011 and 2012
referred to health.
A.6702C, 2009 amended on third reading and 2010 referred to health.
Same as S.47793, 2009 and 2010 referred to health.
Similar to A9630, 2008 referred to health.
FISCAL IMPLICATION:
None to the State.
EFFECTIVE DATE:
Immediately.
