Albany - Governor David A. Paterson announced the enactment of two bills to reduce the spread of HIV/AIDS by updating New York’s HIV testing law to encourage increased testing rates and remove disincentives to participation in needle exchange and syringe access programs.
The Governor signed into law S.8227/A.11487, which will allow patients to agree to HIV testing as part of a general signed consent to medical care that remains in effect until it is revoked or expires. The bill will also require health care providers to offer testing to their patients between 13 and 64 years of age, as recommended by the federal Centers for Disease and Control (CDC), and will facilitate authorization for testing in the case of certain occupational exposures to HIV infection.
"The enactment of this bill represents a significant step forward in combating the HIV/AIDS epidemic," Governor Paterson said. "By making HIV testing a routine part of health care, this legislation will increase HIV testing rates, letting people learn their status and begin treatment at an earlier stage, which can significantly improve the length and quality of life and help reduce transmission of the disease."
The bill will also, among other things:
• Allow oral consent to an HIV test for a "rapid HIV test," a newer type of testing that is generally available in settings that include hospitals and clinics;
• Require, in accordance with the CDC’s 2006 recommendations, that an HIV related test be offered to every individual between the ages of 13 and 64 years of age receiving health services in any health setting, including hospitals, emergency rooms, hospital outpatient departments, and primary care settings including physician, physician assistant, nurse practitioner and midwife offices;
• Permit anonymous testing of the blood of a person who is deceased, comatose or otherwise lacks the ability to consent, if someone such as a health care worker is exposed to the person’s blood and no one with the authority to consent to testing can be found in time for the exposed worker to begin medical treatment for HIV.
The Governor also signed into law his Program Bill No. 23 (A.8396-A/S.5620-A), which will clarify and enhance existing law regarding the possession of syringes or needles by individuals who participate in needle exchange programs. These public health programs that provide intravenous drug users with access to clean syringes and to substance abuse counseling and health care have operated in New York for many years. Numerous State, national and international studies have found that such programs are very effective in reducing transmission of blood-borne diseases like HIV and Hepatitis C.
A number of participants in such programs have been arrested for possession of needles and syringes which, although permitted under the Public Health Law, is not reflected in the Penal Law where the crimes are defined. In addition, residue in such syringes could subject someone to criminal charges under the Penal Law, which is clearly in conflict with the spirit of the Public Health Law provisions and the objectives of the needle exchange and syringe access programs.
"The success of needle exchange and syringe access programs has been repeatedly verified to be instrumental in reducing the transmission of blood-borne diseases," Governor Paterson said. "I proposed this legislation to prevent people from being arrested unnecessarily, thus ensuring that syringe users are not deterred from participating in these important programs."
The Governor’s Program Bill No. 23 will:
• Clarify in the Penal Law that a person does not act unlawfully by possessing a hypodermic needle or syringe if he or she participates in a needle exchange or syringe access program authorized under the Public Health Law;
• Provide that possession of a residual amount of a controlled substance on a needle or syringe does not constitute a criminal act if the individual is permitted to possess such needle or syringe under the Public Health Law; and
• Require the Division of Criminal Justice Services to periodically notify law enforcement agencies and prosecutors about the right of individuals to possess syringes under a qualifying public health program and how to verify that a person is participating in such a program.
Regarding the signing of the bills, Bich Ha Pham, Director of Policy, Advocacy and Research of The Federation of Protestant Welfare Agencies (FPWA) said "FPWA greatly appreciates the leadership of Governor Paterson, Assembly Member Gottfried and Senator Duane and their staff for their diligent efforts in bringing together this proposal that highlights the common goal and objectives of diverse groups."
