2019 New York Laws
PBH - Public Health
Article 27-F - 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.