Governor Paterson enacted two bills on Friday July 30, in order to reduce the spread of HIV/AIDS through new testing procedures and reform for syringe exchange practices. Together they have the ability to greatly decrease transmission rates.

S.8227/A.11487 will greatly increase testing rates by decreasing the mandatory paper work for HIV testing and increasing accessibility. The bill includes messures to:

• Allow oral consent to an HIV test for a "rapid HIV test," a newer type of testing that is generally available in settings that include hospitals and clinics;

• Require, in accordance with the CDC's 2006 recommendations, that an HIV related test be offered to every individual between the ages of

• 13 and 64 years of age receiving health services in any health setting, including hospitals, emergency rooms, hospital outpatient departments, and primary care settings including physician, physician assistant, nurse practitioner and midwife offices;

• Permit anonymous testing of the blood of a person who is deceased, comatose or otherwise lacks the ability to consent, if someone such as a health care worker is exposed to the person's blood and no one with the authority to consent to testing can be found in time for the exposed worker to begin medical treatment for HIV.

Program Bill No. 23 will enhance existing laws regarding the possession of syringes or needles by individuals who participate in needle exchange programs. The bill includes measures to:

• Clarify in the Penal Law that a person does not act unlawfully by possessing a hypodermic needle or syringe if he or she participates in a needle exchange or syringe access program authorized under the Public Health Law;

• Provide that possession of a residual amount of a controlled substance on a needle or syringe does not constitute a criminal act if the individual is permitted to possess such needle or syringe under the Public Health Law; and

• Require the Division of Criminal Justice Services to periodically notify law enforcement agencies and prosecutors about the right of individuals to possess syringes under a qualifying public health program and how to verify that a person is participating in such a program.

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