2013 New York Consolidated Laws
PBH - Public Health
Article 27-F - (2780 - 2787) HIV AND AIDS RELATED INFORMATION
2786 - Rules and regulations; forms; report.

 
    §  2786.  Rules  and regulations; forms; report.   1. The commissioner
  shall promulgate rules and regulations concerning implementation of this
  article for health facilities, health care providers and  other  persons
  to  whom this article is applicable. The commissioner shall also develop
  standardized model forms to be used for informed consent for HIV related
  testing and for the release of confidential HIV related information  and
  materials  for  pre-test  counseling as required by subdivision three of
  section  twenty-seven  hundred  eighty-one  of  this  article,  and  for
  post-test   counseling  as  required  by  subdivision  five  of  section
  twenty-seven  hundred  eighty-one  of  this  article.  Persons,   health
  facilities  and health care providers may use forms for informed consent
  for HIV related testing, and for the release of confidential HIV related
  information other than those forms developed pursuant to  this  section,
  provided they contain information consistent with the standardized model
  forms  developed  by  the  commissioner.  All  forms  developed  or used
  pursuant to this section shall be written in a clear and coherent manner
  using  words  with  common,  everyday  meanings.  The  commissioner,  in
  consultation  with the AIDS institute advisory council, shall promulgate
  regulations to identify those circumstances which create  a  significant
  risk  of  contracting  or transmitting HIV infection; provided, however,
  that such regulations shall not be determinative of any significant risk
  determined pursuant to paragraph (a)  of  subdivision  four  of  section
  twenty-seven   hundred   eighty-two   or  section  twenty-seven  hundred
  eighty-five of this article.
    2. (a) Each state agency authorized pursuant to this article to obtain
  confidential HIV related information shall,  in  consultation  with  the
  department  of health, promulgate regulations: (1) to provide safequards
  to prevent discrimination,  abuse  or  other  adverse  actions  directed
  toward  protected  individuals;  (2)  to prohibit the disclosure of such
  information except in accordance with  this  article;  (3)  to  seek  to
  protect  individuals  in contact with the protected individual when such
  contact creates a significant risk of contracting  or  transmitting  HIV
  infection  through  the  exchange  of  body fluids, and (4) to establish
  criteria for determining when it is reasonably necessary for a  provider
  of  a health or social service or the state agency or a local government
  agency to have or  to  use  confidential  HIV  related  information  for
  supervision,   monitoring,  investigation,  or  administration  and  for
  determining which employees and agents may, in the  ordinary  course  of
  business of the agency or provider, be authorized to access confidential
  HIV related information pursuant to the provisions of paragraphs (l) and
  (m)  of  subdivision  one  and  subdivision  six of section twenty-seven
  hundred eighty-two of this  article;  and  provided  further  that  such
  regulations shall be promulgated by the chairperson of the commission of
  correction  where  disclosure is made pursuant to paragraphs (n) and (o)
  of subdivision one of section twenty-seven hundred  eighty-two  of  this
  article.
    (b)  The  department of health, in consultation with agencies referred
  to in paragraph (a) of this subdivision, shall submit a  report  to  the
  legislature  by  December first, nineteen hundred eighty-nine, outlining
  the status  and  content  of  such  regulations,  their  effect  on  the
  regulated  facilities  and the protected individuals served by them, the
  extent to  which  they  conform  with  current  medical  and  scientific
  knowledge   on   the   transmissibility   of   HIV  infection,  and  any
  recommendations for changes in said regulations.