2014 New York Laws
PBH - Public Health
Article 21 - CONTROL OF ACUTE COMMUNICABLE DISEASES
Title 7 - (2170 - 2171) HEPATITIS C
2171 - Required offering of hepatitis C screening testing.

*  2171. Required offering of hepatitis C screening testing. 1. Every
  individual  born  between  the  years of nineteen hundred forty-five and
  nineteen hundred sixty-five who receives health services as an inpatient
  in a general hospital defined in subdivision ten of section twenty-eight
  hundred one of this chapter or who receives primary care services in  an
  outpatient  department of such hospital or in a diagnostic and treatment
  center licensed under article twenty-eight of this  chapter  or  from  a
  physician,  physician  assistant or nurse practitioner providing primary
  care shall be offered a  hepatitis  C  screening  test  or  hepatitis  C
  diagnostic  test  unless  the  health  care  practitioner providing such
  services reasonably believes that:
(a) the individual is being treated for a life threatening  emergency;
  or
(b) the individual has previously been offered or has been the subject
  of  a hepatitis C screening test (except that a test shall be offered if
  otherwise indicated); or
(c) the  individual  lacks  capacity  to  consent  to  a  hepatitis  C
  screening test.
2.  If an individual accepts the offer of a hepatitis C screening test
  and the screening test is  reactive,  the  health  care  provider  shall
  either   offer  the  individual  follow-up  health  care  or  refer  the
  individual to a health care provider who can  provide  follow-up  health
  care.  The  follow-up health care shall include a hepatitis C diagnostic
  test.
3. The offering of hepatitis C screening testing  under  this  section
  shall  be  culturally  and linguistically appropriate in accordance with
  rules and regulations promulgated by the commissioner.
4. This section shall not affect the scope of practice of  any  health
  care  practitioner  or  diminish  any authority or legal or professional
  obligation of any health  care  practitioner  to  offer  a  hepatitis  C
  screening  test or hepatitis C diagnostic test or to provide services or
  care for the subject of a hepatitis C  screening  test  or  hepatitis  C
  diagnostic test.
5.  Definitions.  As  used  in this section, the following terms shall
  have the following meanings:
(a) "Hepatitis C diagnostic test" shall mean any  laboratory  test  or
  tests  that  detect  the  presence of hepatitis C virus in the blood and
  provides confirmation of whether the individual has a hepatitis C  virus
  infection.
(b)  "Hepatitis  C screening test" shall mean any laboratory screening
  test or tests that detect the presence of hepatitis C  virus  antibodies
  in the blood.
(c)  "Primary  care"  means  the  medical  fields  of family medicine,
  general  pediatrics,  primary  care,  internal  medicine,  primary  care
  obstetrics,   or  primary  care  gynecology,  without  regard  to  board
  certification.
* NB Repealed January 1, 2020