NEW YORK: HIV Testing Bill Passes Legislature

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NEW YORK: " HIV Testing Bill Passes Legislature "

News Channel 34 (Binghamton) (07.01.10)

The New York State Assembly on Wednesday unanimously passed a bill that would

ease laws on HIV testing consent and counseling. The Senate passed the measure

last week, so A 11487 now goes to Gov. to be signed into law.

Under the legislation, a patient's oral consent would be sufficient for rapid

HIV testing outside correctional settings. Consent to HIV testing could be

included in a general consent form covering multiple procedures, so a separate

HIV consent form would not be necessary. Consent would be " durable, " so that

once given, a provider would not have to administer pretest and consent

protocols on later visits.

Pretest and consent information could be streamlined and provided in writing,

rather than orally.

The measure requires health care professionals to offer voluntary HIV screening

to all patients ages 13-64 in health care settings, with some exceptions. CDC

has endorsed such voluntary, opt-out testing since 2006.

The new law states that if a patient tests HIV-positive, the provider must

provide a referral for treatment. Public health agencies will be able to use

data from confidential name-based HIV case reporting to monitor the consistency

and quality of treatment.

" Many HIV-positive New Yorkers do not know they are infected, so they don't get

treatment, " said Assembly member N. Gottfried, a sponsor of the bill and

chair of the Assembly Health Committee. " This legislation will simplify the

process for HIV testing, require the offering of HIV testing in many health care

settings, and thus save lives. "

One in four New York residents with HIV are unaware of their infection. Those

who are unwittingly HIV-infected transmit approximately 50 percent to 70 percent

of the new HIV cases.