1. COMPREHENSIVE HIV
TESTING IN NEW YORK
STATE
New York State Legislative
Advocacy Efforts
Marc D. Price, D.O.
NYS Board of Directors
NYS Advocacy Chair

2. One Man

3. His Academy

4. His Passion

5. The Background
• NYS Public Health Law
• Unique with regards to HIV privacy issues
• “The dead have rights”

6. The History
• 2003
• NYSAFP COD Resolution
• Protecting the rights of the exposed
healthcare provider
• Medical Society of the State of New York
(MSSNY)
• “HIV testing should be handled the same as
everything else, anything short of this is
unacceptable”

7. The Legislation
• 2007-2009
• Proposed legislation
• Streamlined written consent for HIV testing
• Allowed for testing in cases of occupational
exposure
• Supported by the NYSAFP
• Not passed by Republican lead Legislature

8. The Legislation
• 2010
• Proposed legislation
• Streamlined written consent for HIV testing
• Allowed anonymous testing of an
unconscious or deceased source patient in
the incidence of occupational exposure of
physicians, health care workers and first
responders
• Mandated the offering of HIV testing to
those 13yo-64yo

9. The Fight
• NYSAFP influence within the state and it’s
endorsement of the bill referenced by the
sponsor and Health Committee Chair
during the Assembly floor debate
• Academy joined by many allies
• NYC DOH, Gay Men’s Health Crisis, Harlem
United, Latino and Black Associations on
AIDS, NYS Nurses Association, Gay Pride
Association, etc
• Silent supporters

10. Unlikely Opposition
• MSSNY
• Requirement of offering HIV testing
placed an unacceptable, unfunded
mandate on physicians which could not
be supported
• Lack of specific details regarding
implementation, enforcement and
potential penalties of the mandate made
support of the bill impossible

11. Success!
• Unanimous passage in Democratic
lead Assembly
• Passage in Democratic lead Senate
• Legislation sent to Governor’s Office
• NYSAFP members met with Governor’s
Counsel
• July 30th, 2010, Governor Patterson
signed the legislation into law

12. Aftermath
• NYSAFP influential in implementation
of the new law through the DOH
• Able to shape and clarify qualifications for
“Routine Offering” of HIV testing
• NYSAFP contacted by DOH to opine
on other health care related issues
• NYSAFP relationship and influence
with key legislators and in the DOH
strengthened

13. Aftermath
• MSSNY upset and instructed us
(informally) that it would not be wise to
“break ranks” with them again
• NYSAFP legislative priorities given
more attention by MSSNY
• MSSNY legislative positions
seem, more recently, to be more in
line with NYSAFP

14. Stay Passionate!
• Don’t forget why
you became a
family physician
• Fight for what’s
good for you and
your patients
• Don’t give up
• Be an advocate!