2013 New York Consolidated Laws
PBH - Public Health
Article 27-F - (2780 - 2787) HIV AND AIDS RELATED INFORMATION
2783 - Penalties; immunities.

 
    § 2783. Penalties; immunities. 1. Any person who shall:
    (a)  perform,  or permit or procure the performance of, an HIV related
  test in violation of section twenty-seven  hundred  eighty-one  of  this
  article; or
    (b)  disclose,  or  compel  another person to disclose, or procure the
  disclosure of, confidential HIV  related  information  in  violation  of
  section  twenty-seven  hundred  eighty-two  of  this  article;  shall be
  subject to a civil penalty not to exceed five thousand dollars for  each
  occurrence.    Such  penalty  may be recovered in the same manner as the
  penalty provided in section twelve of this chapter.
    2. Any person who willfully commits an act enumerated  in  subdivision
  one  of this section shall be guilty of a misdemeanor and subject to the
  penalties provided in section twelve-b of this chapter.
    3. There shall be no criminal sanction or civil liability on the  part
  of,  and  no  cause  of  action  for  damages  shall  arise  against any
  physician, his or her employer, or a physician's  designated  agent,  or
  health  facility  or  health  care  provider with which the physician is
  associated, or public health officer, on account of:
    (a) the failure to disclose confidential HIV related information to  a
  contact  or  person authorized pursuant to law to consent to health care
  for a protected individual; or
    (b) the disclosure  of  confidential  HIV  related  information  to  a
  contact  or  person authorized pursuant to law to consent to health care
  for a protected individual, when carried out  in  compliance  with  this
  article; or
    (c)  the  disclosure  of  confidential  HIV related information to any
  person, agency, or officer authorized to receive such information,  when
  carried out in good faith and without malice, and in compliance with the
  provisions of this article; or
    (d)  the  municipal  health  commissioner or district health officer's
  failure to notify contacts pursuant to this chapter.
    4. Any cause of action to  recover  damages  based  on  a  failure  to
  provide  information, explanations, or counseling prior to the execution
  of a written informed consent, or based on a lack of informed consent in
  the ordering or performance of an HIV related test in violation of  this
  article  shall  be  governed  by  the provisions of section two thousand
  eight hundred five-d of this chapter.