A.8396 & S.8227

Say what you will about David Paterson, these laws represent some triumph of rationality and scientific evidence over bullshit.

A8396A
An act to amend the penal law, in relation to hypodermic syringes
•This bill would add language to the penal law to make it explicit that a person is not criminally liable for possessing syringes and drug residue in or on syringes that the person has a right to possess based on his or her participation in the Public Health Law's Syringe Exchange Program (SEP) or Expanded Syringe Access Program (ESAP).

SUMMARY OF PROVISIONS:
Section 1 of the bill amends Penal Law 220.03, the misdemeanor offense of Criminal Possession of a Controlled Substance in the Seventh Degree, to provide that a person does not commit this crime when he or she possesses only a residual amount of a controlled substance that is in or on a syringe that he or she possesses pursuant to a needle exchange program set forth in Public Health Law 3381.

Section 2 of the bill would add similar language to Penal Law 220.45, to make it explicit that a person does not criminally possess a hypo dermic instrument when he or she possesses a hypodermic needle or syringe pursuant to Public Health Law 3381. ....

S8227
An act to amend the public health law, in relation to HIV testing
•This bill: (1) revises the informed consent requirements associated with HIV/AIDS testing, while ensuring that adequate patient protections are maintained; (2) tailors counseling information based on HIV test results; (3) updates current testing requirements to reflect medical advances; (4) and facilitates authorization for testing in the case of certain occupational exposures to HIV infection.

SUMMARY OF PROVISIONS:
Section 1 of this bill amends Public Health Law (PHL) 2781 to authorize HIV related testing to be part of a signed general consent to medical care, or documented oral consent when the test being ordered is a rapid HIV test. Such consent would be durable and remain in effect until it is revoked or expires. Patients will be provided an opportunity to decline HIV testing, and testing will only be done with full patient consent after the patient is provided with pre-test counseling informa tion. In all instances, a physician will be required to provide oral notification to the patient whenever an HIV test is performed and this shall be noted on the patient's medical record. The provisions of this section regarding oral informed consent for a rapid HIV test shall not apply to tests performed in a facility operated under the correction law. ....