2013 New York Consolidated Laws
PBH - Public Health
Article 27-F - (2780 - 2787) HIV AND AIDS RELATED INFORMATION
2781-A - Required offering of HIV related testing.

 
    §   2781-a.  Required  offering  of  HIV  related  testing.  1.  Every
  individual between the ages of thirteen and sixty-four years (or younger
  or older if there is  evidence  or  indication  of  risk  activity)  who
  receives  health services as an inpatient or in the emergency department
  of a general hospital defined in subdivision ten of section twenty-eight
  hundred one of this chapter or who receives primary care services in  an
  outpatient  department of such hospital or in a diagnostic and treatment
  center licensed under article twenty-eight of this  chapter  or  from  a
  physician, physician assistant, nurse practitioner, or midwife providing
  primary care shall be offered an HIV related test unless the health care
  practitioner  providing  such  services reasonably believes that (a) the
  individual is being treated for a life threatening emergency; or (b) the
  individual has previously been offered or has been the subject of an HIV
  related  test  (except  that  a  test  shall  be  offered  if  otherwise
  indicated);  or  (c)  the individual lacks capacity to consent to an HIV
  related test.
    2. As used in this section, "primary care" means the medical fields of
  family medicine, general pediatrics, primary  care,  internal  medicine,
  primary  care  obstetrics, or primary care gynecology, without regard to
  board certification.
    3. The offering of HIV related testing under  this  section  shall  be
  culturally  and  linguistically appropriate in accordance with rules and
  regulations promulgated by the commissioner.
    4. This section shall not affect the scope of practice of  any  health
  care  practitioner  or  diminish  any authority or legal or professional
  obligation of any health care practitioner to offer an HIV related  test
  or to provide services or care for the subject of an HIV related test.