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New York doctors would be able to test patients for HIV without their explicit consent under a measure that advocates say would boost detection rates but which opponents argue is invasive and doesn’t confront the issue.

The bill, sponsored by state Sen. Brad Hoylman (D-Manhattan) and awaiting review in the Senate Health Committee, would put the onus on patients to read signs in their doctors’ offices informing them that they could be tested.

Current law requires that testing be offered to anyone between ages 13 and 62, but proponents of Hoylman’s bill say doctors often avoid asking that question due to its awkward nature and because of time crunches in packed hospital and clinic waiting rooms.

“I’ve known plenty of people who didn’t get tested but wished they had, because they not only may have unknowingly passed the virus on, but their well-being suffered, too,” said Hoylman. “It’s better to know your HIV status.”

Although the plan is well-intentioned, it’s a “shortsighted” solution to a “much more complicated problem,” argued Dr. Jeffrey Birnbaum, of SUNY Downstate Medical Center. “There’s no data to prove that removing consent will fix the problem.”

Birnbaum said the existing law should be sufficient so long as doctors are willing to ask the tough questions.

“Doctors are saying this is too time consuming, too much of an inconvenience . . . but they’ll talk [to patients] about smoking cigarettes, obesity, diet and hypertension,” he said. “These are issues that also take time.”

Founder and executive director, Catherine Hanssens and Jacob Schneider, staff attorneyPaul MartinkaFounder and executive director, Catherine Hanssens and Jacob Schneider, staff attorneyPaul Martinka

Jacob Schneider, a staff attorney at the Center for HIV Law and Policy, believes the legislation is “speculative” at best.

“We want to know if doctors are offering the test and people are declining it. Or, if doctors aren’t offering the tests, maybe the solution requires training about medical practices,” he said.

“It makes a big difference…if we don’t know which problem to solve how can we move forward with this legislation? It’s a violation of basic dignitary right to control and be aware of one’s medical treatment.”

Schneider said coalition members spoke with state Assembly Health Committee Chair Richard Gottfried (D-Manhattan), who was open to the concerns.

He said the group is also trying to get a meeting with Hoylman.

“A recent landmark study showed that successful treatment can reduce the risk of HIV transmission to virtually zero among gay men. That’s why it’s important that HIV testing be widespread, routine and free from stigma,” he told The Post. “We can help achieve this with the new legislation and stop the HIV virus in its tracks.”

The bill is in the state Senate Health Committee awaiting review.

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