Law

Office for the Prevention of Domestic Violence

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Summary of New York State Domestic Violence and Related Laws by Subject (beginning from 1995)

Subject Categories

Health
Domestic Violence Policies and Procedures for Hospitals - A.2850-A Lavine/S.3962-A Salazar

Requires hospitals to develop written policies for identifying, assessing, treating and referring confirmed or suspected cases of domestic violence. The NYS Department of Health will work with OPDV to develop a model policy that hospitals can utilize. The hospitals must inform victims of the availability of resources and provide them with the opportunity to meet with an advocate in the hospital. All hospital employees must be trained on the policies, and the hospitals must each designate a coordinator who will work with local victim assistance providers to connect the victim with resources.

Signed: December 23,2019 Chapter 733
Effective: January 1, 2020
Amends: creates new Public Health Law § 2805-z

Reproductive Health Act – A.21 Glick /S.240 Krueger

Passage of the Reproductive Health Act brought NYS law in line with the constitutional protections provided by the landmark United States Supreme Court decision, Roe v. Wade. While New York’s law had allowed abortion throughout a pregnancy when necessary to preserve a woman’s life, the statute did not allow the procedure during the third trimester, to preserve a woman’s health or in cases of fetal non-viability. By removing abortion from the criminal code, the law ensures that health care professionals can provide women with appropriate health care without fearing criminal consequences. The new law recognizes a woman's fundamental right to access safe, legal abortion.

Signed:  January 22, 2019  Chapter 1
Effective:  January 22, 2019
Amends:  Public Health Law - creates a new Article 25-A, repeals §4164;
Education Law – repeals §6811(8); Penal Law – repeals §§125.40, 125.45, 125.50,
120.55 and 125.60, amends heading and text of §§125.00, 125.05; Penal Law – repeals §§125.05(2) & (3),125.15(2), 125.20(3); Criminal Procedure Law – amends §700.05(8)(b); County Law - amends §673(1); Judiciary Law – amends §4

Women’s Health Website  - A.4465 Galef/S.3817 Hannon

Requires the NYS Department of Health to establish and maintain an Internet website to advance women's health by educating the public and raising awareness of women's health issues.  The website will also include links to useful resources and services, and information describing the 22 preventative services now covered under the Affordable Care Act, including domestic and interpersonal violence screening and counseling.

Signed: September 4, 2014 Chapter 342

Effective:  September 4, 2014

Amends:  Article 2 of the Public Health Law to add a new title VI “Women’s Health”

HIV Prevention  (A.669-C Jaffee/S.3200-B Hannon)

Allows NYS Office of Victim Services reimbursement for sexual assault victims to receive a 7-day starter pack of HIV post-exposure prevention treatment, rather than the current coverage for a 3-day pack.  Hospitals and sexual assault nurse examiners will be reimbursed directly, eliminating the need for victims to negotiate payment for this additional care.  The law also requires hospitals and sexual assault examiners to provide, or refer victims for, medical follow-up, with the victim’s permission to schedule.

Signed: 2012 Chapter 39

Effective: November 27, 2012  

Amends:  Public Health Law §2805(i)(1)(c)

Executive Law §631(13)

HIV Partner Contact  (A.6629-B Mayersohn/S.4422-B Velella)

Requires physicians and laboratories to report to the NYS Department of Health individuals who test HIV positive. Gives local health departments the authority to notify the spouse and any known sexual partners of any person testing positive for HIV. Requires the Department of Health, in consultation with OPDV, statewide organizations and community- based organizations, to develop a protocol to identify positive-tested individuals, or their partners, who may be domestic violence victims.

Signed: 1998 Chapter 163

Effective: January 3, 1999

Amends:  Public Health Law – Art. 21, Title III

Public Health Law §§2780(10); 2782(1)(d); 2782(4)(a); 2782(4)(c); 2783(3)

Notice to Prenatal/Postpartum Patients  (A.67-B Feldman/S.1023-A Skelos)

Hospitals that have maternity/newborn services and diagnostic and treatment centers that offer prenatal care services (health centers, Planned Parenthoods, some HMO's, etc) are required to disseminate to all patients at prenatal visits or at post-delivery, a notice regarding family violence. This notice, to be developed by the Department of Health in consultation with the Office for the Prevention of Domestic Violence and the Office of Children and Family Services (formerly DSS), will provide information about the effects of child abuse/maltreatment and domestic violence and services available to women and children experiencing such violence.

Signed: 1997 Chapter 271

Effective: January 28, 1998

Amends: Public Health Law §2803-p