Provides treatment for sexually transmissible diseases to minors without a parent's or guardian's consent

Section two amends subdivision 2 of section 2305 of the public health law to provide that a health care practitioner may diagnose, treat or prescribe treatment for a sexually transmissible disease for a person under age eighteen without the consent or knowledge of his or her parents or guardians where such person is infected with a sexually transmissible disease or has been exposed to infection with a sexually transmissible disease.

This section also provides 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 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. The section provides further that 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.

In addition, this section defines "health care practitioner."

Section three provides the effective date.

Justification

Approximately 99.7% of all cervical cancer cases are linked to a virus, particularly certain types of the human papillomavirus (HPV). According to the American Cancer Society, there are about 3,700 deaths from cervical cancer in the United States every year. African American women and Hispanic women in the U.S. are disproportion- ately impacted by cervical cancer. The HPV vaccine, which has been approved by the U. S. Food and Drug Administration, is most effective when administered before a person becomes sexually active. Generally, this means administering the vaccine to persons under the age of eighteen.

Currently, section 2305 of the public health law allows licensed physicians or hospital staff physicians to "diagnose, treat, or prescribe for a person under the age of twenty-one years without the consent or knowledge of the parents or guardian of said person, where such person is infected with a sexually transmissible disease, or has been exposed to infection with a sexually transmissible disease." Public policy in New York also dictates that a minor may receive family planning counseling and birth control, and terminate a pregnancy without the consent of a parent or guardian. Planned Parenthood and several community health centers testified at a Senate hearing two years ago that young women were coming into clinics and centers to ask for the HPV vaccine. Women are aware that it is more effective to receive the vaccination before they become sexually active.

This legislation provides that health care practitioners may provide health care related to the prevention of a sexually transmissible disease, including administer the HPV vaccine, to persons under the age of eighteen without the consent or knowledge of the parents or guardians only where those persons have the capacity to consent, without regard to the person's age, and consent to the medical care.

It is imperative that we promote protection against an often fatal disease to those who will most benefit from that protection. By allowing health care professionals to administer immunization against HPV to persons under the age of eighteen without the consent or knowledge of a parent or guardian, this legislation promotes the health and well being of persons at a most critical juncture in their lives: prior to being sexually active and prior to exposure to a virus that is linked to a deadly disease.

With this legislation, it will be clear that regardless of an individual's age, a person may receive from a health care practitioner the HPV vaccination, and in the case of a person under the age of eighteen, if he or she has the capacity to consent and consents.

Prior legislative history

Similar to A.9630, 2008 referred to health.

Fiscal implication

None to the state.

Effective date

Immediately.