Memorandum of Support for Bill: A11487/S8227 (Gottfried/Duane)

S8227/A11487: Makes provisions relating to HIV testing, including consent for such testing, required offering for
such testing, confidentiality and disclosure.

The New York AIDS Coalition (NYAC), a statewide membership organization representing providers serving New Yorkers
infected and affected by HIV/AIDS, endorses Senate Bill 8227 and Assembly Bill 11487 sponsored by Senator Tom Duane and
Assemblymember Richard Gottfried. The proposed legislation will amend the Public Health Law, revising, in part, the informed
consent requirements for HIV testing and counseling. These proposed changes will make HIV testing a routine part of
healthcare services throughout New York State and increase the number of people tested statewide.

The Duane/Gottfried bill includes several provisions that will ensure New York State complies with the Centers for Disease
Control and Prevention’s HIV counseling and testing guidelines.1 This bill allows consent for an HIV test to be incorporated
into a written general consent for medical care, thereby removing the need for a separate written informed consent for an HIV
test. This legislation will also allow documented oral consent for a rapid HIV test.2 While the proposed legislation would
eliminate some of the need for a separate written informed consent to get an HIV test, it will still preserve patient protections
with written informed consent and documented oral consent.

In order to fight the AIDS epidemic, we must remove barriers and test everyone. This legislation will begin to address the
needs of the most vulnerable individuals and ensure they are tested for HIV/AIDS and receive proper care. With a provision for
greater routine testing or “opt-out” testing,3 providers will no longer be required to conduct a risk assessment prior to offering
an HIV test, because the test will be offered to any individuals between the ages of 13- 64 regardless of any perceived risk. This
legislation, if enacted, would also require the mandatory offering of an HIV test in all hospitals, diagnostic and treatment
facilities, and related private primary care offices. Included measures to standardize the HIV test will also help to eliminate
HIV stigma.

If the proposed legislation is enacted, New York State will be able to detect new HIV cases earlier through routine HIV testing
and identify the one in four New Yorkers living with HIV who are currently unaware of their status. Almost seventy percent of
new infections are caused by people who are unaware of their status. With routine offering of the HIV test to individuals in key
health care settings provided by this legislation, we can begin to develop an accurate depiction of HIV/AIDS in New York
State. A precise assessment is critical as our state seeks it fair share of federal funding to battle this health epidemic. This
legislation will provide a pathway to proper care and prevent the further spread of HIV.

NYAC applauds New York State Health Commissioner Dr. Richard Daines, along with Senator Duane, Assemblymember
Gottfried and the New York State Senate and Assembly for their tireless work on this legislation, which has been under
discussion for more than four years.

We cannot afford to wait any longer to enact this much needed legislation. The proposed measures to streamline testing
procedures, routinely offer HIV testing to all, and increase early diagnosis and treatment for those infected, represent a
significant step forward in reducing stigma and stemming the further spread of HIV in New York State.

NYAC urges swift passage of A11487/S8227 (Gottfried/Duane).

1
Centers for Disease Control and Prevention (CDC). Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in
Health-Care Settings. MMWR [9/22/] 2006; 55 (No. RR - 14). available at: http://www.cdc.gov/mmWR/PDF/rr/rr5514.pdf
2
"Rapid HIV test or testing" means any laboratory screening test or tests approved for detecting antibodies to HIV, that produce results in sixty
minutes or less, and encompasses a confirmatory HIV related test if the screening test is reactive.
3
The CDC Opt-out screening definition: Performing HIV screening after notifying the patient that a) the test will be performed and b) the patient
may elect to decline or defer testing. Assent is inferred unless the patient declines testing. (ibid. p.4)

Memo of Support for S8227/A11487

NYAC•400 BROADWAY, 2ND FLOOR •NY, NY 10013
TEL: 646-744-1597
FAX: 212-334-7956
WEB: www.nyaidscoalition.org