* § 2171. Required offering of hepatitis C screening testing. 1.\nEvery individual age eighteen and older (or younger than eighteen if\nthere is evidence or indication of risk activity) who receives health\nservices as an inpatient or in the emergency department of a general\nhospital defined in subdivision ten of section twenty-eight hundred one\nof this chapter or who receives primary care services in an outpatient\ndepartment of such hospital or in a diagnostic and treatment center\nlicensed under article twenty-eight of this chapter or from a physician,\nphysician assistant, nurse practitioner or midwife providing primary\ncare shall be offered a hepatitis C screening test unless the health\ncare practitioner providing such services reasonably believes that:\n (a) the individual is
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* § 2171. Required offering of hepatitis C screening testing. 1.\nEvery individual age eighteen and older (or younger than eighteen if\nthere is evidence or indication of risk activity) who receives health\nservices as an inpatient or in the emergency department of a general\nhospital defined in subdivision ten of section twenty-eight hundred one\nof this chapter or who receives primary care services in an outpatient\ndepartment of such hospital or in a diagnostic and treatment center\nlicensed under article twenty-eight of this chapter or from a physician,\nphysician assistant, nurse practitioner or midwife providing primary\ncare shall be offered a hepatitis C screening test unless the health\ncare practitioner providing such services reasonably believes that:\n (a) the individual is being treated for a life threatening emergency;\nor\n (b) the individual has previously been offered or has been the subject\nof a hepatitis C screening test (except that a test shall be offered if\notherwise indicated); or\n (c) the individual lacks capacity to consent to a hepatitis C\nscreening test.\n 2. If an individual accepts the offer of a hepatitis C screening test\nand the screening test is reactive, an HCV RNA test must be performed,\non the same specimen or a second specimen collected at the same time as\nthe initial HCV screening test specimen, to confirm diagnosis of current\ninfection. The health care provider shall either offer all persons with\na detectable HCV RNA test follow-up HCV health care and treatment or\nrefer the individual to a health care provider who can provide follow-up\nHCV health care and treatment.\n 3. The offering of hepatitis C screening testing under this section\nshall be culturally and linguistically appropriate in accordance with\nrules and regulations promulgated by the commissioner.\n 4. This section shall not affect the scope of practice of any health\ncare practitioner or diminish any authority or legal or professional\nobligation of any health care practitioner to offer a hepatitis C\nscreening test or hepatitis C diagnostic test or to provide services or\ncare for the subject of a hepatitis C screening test or hepatitis C\ndiagnostic test.\n 5. Definitions. As used in this section, the following terms shall\nhave the following meanings:\n (a) "Hepatitis C diagnostic test" shall mean any laboratory test or\ntests that detect the presence of hepatitis C virus in the blood and\nprovides confirmation of whether the individual has a hepatitis C virus\ninfection.\n (b) "Hepatitis C screening test" shall mean any laboratory screening\ntest or tests that detect the presence of hepatitis C virus antibodies\nin the blood.\n (c) "Primary care" means the medical fields of family medicine,\ngeneral pediatrics, primary care, internal medicine, primary care\nobstetrics, or primary care gynecology, without regard to board\ncertification.\n * NB Repealed January 1, 2030\n