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What's New?7/26/2010Bill Mandating Offering HIV Testing by Physicians' Before Governor
Bill Mandating Offering HIV Testing by Physicians' Before Governor
A bill mandating the offering of an HIV test in all clinical settings, including the private physicians offices has gone to Governor David Paterson for his consideration. Sponsored by Senator Thomas Duane and Assemblymember Richard Gottfried, S.8227/A.11487, would require that all primary care physicians, defined in the bill as family medicine, general pediatrics, primary care, internal medicine, primary care obstetrics or primary care genecology, to offer an HIV test to all patients ages 13 to 64.
The bill does allow for oral, informed consent when the test being given is a Rapid HIV test. Written informed consent is still needed for the blood test. However, consent would be included in the signed general consent for medical care and would remain in effect until it is revoked. Under the measure, an opt-out provision for HIV testing must be included in the consent form. The bill does contain provisions for occupational exposure and testing of the source patient/release of information that MSSNY supports, but the overall bill provisions are cause for strong concerns. MSSNY representatives had expressed their concerns in writing to the legislators and have met with representatives of the Governor. We have also requested a meeting with the Governor to discuss our concerns. Physicians are encouraged to send a letter to Gov. Paterson by clicking here. |
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