2013 New York Consolidated Laws
PBH - Public Health
Article 27-F - (2780 - 2787) HIV AND AIDS RELATED INFORMATION
2785-A - Court order for HIV related testing in certain cases.

 
    §  2785-a.  Court  order  for HIV related testing in certain cases. 1.
  Notwithstanding any contrary provision of law or  regulation,  a  state,
  county  or local public health officer to whom an order or a consent for
  an HIV test is addressed or sent, in accordance with section  390.15  of
  the  criminal  procedure  law  or section 347.1 of the family court act,
  must cause HIV related testing to be administered to the  subject  named
  therein  and,  if  the test is pursuant to court order, must immediately
  provide to the court that issued the order a written  report  specifying
  the  date  on  which  such  test was completed. Such report to the court
  shall not, however, disclose the results of such test. Such officer must
  disclose the results of the testing to the victim indicated in the order
  or consent and must also disclose the  results  to  the  person  tested,
  unless  the  person  tested  has been asked to but declines to authorize
  such disclosure to himself or herself.
    2. At the time of communicating the test results to the subject or the
  victim, such public health officer shall directly provide the victim and
  person tested with (a) counseling or referrals for  counseling  for  the
  purposes  specified  in  subdivision  five of section two thousand seven
  hundred eighty-one of this article; (b) counseling with  regard  to  HIV
  disease  and  HIV  testing  in  accordance  with law and consistent with
  subdivision five of section two thousand  seven  hundred  eighty-one  of
  this  article;  and (c) appropriate health care and support services, or
  referrals to such available services. If at the  time  of  communicating
  the  test results, the person tested is in the custody of the department
  of corrections and community supervision, office of children and  family
  services,  office  of mental health or a local correctional institution,
  the counseling and services required by this subdivision may be provided
  by a public health officer associated with the county or facility within
  which the person tested is confined.
    3. Unless inconsistent with  this  section,  the  provisions  of  this
  article  regarding  the  confidentiality  and  disclosure of HIV related
  information shall apply to proceedings  conducted  pursuant  to  section
  390.15  of  the  criminal  procedure  law or section 347.1 of the family
  court act.