BILL NUMBER: S653A
SPONSOR: KRUEGER
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 when
most effective
SUMAARY OF SPECIFIC PROVISIONS:
Section one amends the heading and subdivisions. 1, 2 and 3 of section
2305 of the public health law. The section amends subdivision 1 to
provide that no person other than a health care practitioner shall diag-
nose, treat or prescribe for a person who is infected with a sexually
transmissible disease, or who has been exposed to infection with a sexu-
ally transmissible disease, or dispense or sell a drug, medicine or
remedy for the treatment of such person except on prescription of a
health care practitioner. This section amends subdivision 2 to provide
that a health care practitioner may provide health care related to the
prevention of a sexually transmissible disease, including administering
vaccines, to a person under age eighteen without the consent or know-
ledge of his or her parents or guardians provided such person has capac-
ity 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 regulations. This
section one amends subdivision 3 by adding the definition of "health
care practitioner."
Section two provides the effective date.
JUSTIFICATION:
This legislation amends the public health law to allow health care prac-
titioners 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 codi-
fies 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:
2023-24: S.762/A.276 Paulin -Health Comm
2021-22: S.937/A.822 Paulin - Health Comm.
2019-20: S.3899A/A.973A Paulin - Health Comm.
2017-18: S.5611/A.2469 Paulin - Health Comm.
2015-16: S.2712/A.1528 Paulin - Health Comm.
2013-14: S.3134/A.497A Paulin - Health Comm.
2011-12: S.384/A.343 Paulin - Health Comm.
2009-10: S.4779B/A.6702C Paulin- Both died on 3rd reading
FISCAL IMPLICATION:
None to the State.
EFFECTIVE DATE:
Immediately.
Statutes affected:
S653: 17 public health law, 18 public health law, 18(3) public health law
S653A: 17 public health law, 18 public health law, 18(3) public health law