N.Y. PBH Law § 2761 — New York Code / Act PBH / Article 27-DD / Section 2761
Function, powers and duties
Status: in_force

§ 2761. Function, powers and duties.  1. The health care worker\nHIV/HBV advisory panel shall only evaluate and advise an HIV/HBV\ninfected health care worker who voluntarily seeks the panel's review of\nthe risk of HIV/HBV transmission to others through his/her workplace\npractice. Prior to the panel's evaluation of the worker, the panel must\nfully advise the worker of the panel's authority to investigate, to\nrecommend practice restrictions or modifications, to advise facilities\nof such restrictions and to refer cases to professional licensing,\nregistration and certification boards. If the health care worker is\naffiliated with or employed at a facility licensed by the department,\nthe panel may evaluate and advise the worker only after such facility\nhas completed its review of the scope of practice of the worker. This\ninstitutional review may be conducted through the facility's existing\nquality assurance program as required under section twenty-eight hundred\nfive-j of this chapter, and need not require the creation of a separate\nfacility HIV/HBV panel. Notwithstanding any other provision of law, rule\nor regulation, the panel may request and shall be entitled to receive\npatient records and other documents or information reasonably necessary\nfor and relevant to the panel's deliberations and the implementation of\nthis article including information and reports available to the\ndepartment under section twenty-eight hundred five-m of this chapter,\nprovided that the panel may only request records with patient names if\nessential to the panel's complete review of the case and provided\nfurther that employees of the department, other than the panel, shall\nredact patient names before panel review of such records. Any such\ninformation and reports provided to the panel that are subject to\nsection two thousand eight hundred five-m of this chapter shall remain\nsubject to the limitations on disclosure provided by such section. The\npanel may seek the advice of professionals with relevant expertise. The\npanel shall give the health care worker an opportunity to meet with the\npanel. The health care worker may be accompanied by a union or other\nrepresentative at such meeting. Only when evidence indicates that the\nhealth care worker's practice poses a significant risk of harm to\npatients, the panel shall make appropriate recommendations that are\nleast restrictive with respect to the health care worker's practice\nincluding, but not limited to, training or monitoring, or, if necessary,\nreassignment or practice restrictions.\n  2. The panel shall evaluate an HIV/HBV infected health care worker\npursuant to comprehensive medical criteria, including:\n  (a) physical or mental condition that interferes with or is\nsignificantly likely to interfere with the worker's ability to perform\nassigned tasks or regular duties;\n  (b) lack of compliance with established guidelines to prevent\ntransmission of disease and/or documentation or evidence of previous\ntransmission of bloodborne pathogens;\n  (c) the appropriateness of techniques as related to performance of\nprocedures; and\n  (d) any health condition that would pose a significant risk to others.\n  3. When the panel recommends training, monitoring, reassignment, any\nsimilar action, or practice restrictions, the health care worker shall\nprovide written assurance to the panel that he/she has informed\nfacilities licensed by the department where the worker provides patient\ncare of the panel's recommendations and shall identify the person or\npersons at the facilities so informed. If the health care worker fails\nto inform facilities licensed by the department where he/she provides\npatient care of the panel's recommendations, the panel shall so notify\nsuch facilities. If the health care worker fails to comply with the\npanel's recommendations or compliance cannot be determined by the panel\nafter reasonable effort, the panel shall disclose the nature of its\nrecommendations to the professional licensing, registration or\ncertification boards relevant to the health care worker. The panel may\nperiodically monitor and reevaluate the worker, with the worker's\nconsent, at a frequency and through a mechanism to be determined by\nagreement between the worker and the panel.\n  4. The information received by the panel, the record of deliberations\nof the panel, and the decisions of the panel are not disclosable\npursuant to article six of the public officers law. If the health care\nworker fails to comply with the recommendations of the panel or\ncompliance cannot be determined by the panel after reasonable effort,\ninformation held by the panel, the panel's deliberations and\nrecommendations may be disclosed to and utilized by the office of\nprofessional medical conduct, the office of professional discipline and\nappropriate disciplinary bodies. The meetings of the panel are not\nsubject to article seven of the public officers law. The members of the\npanel are bound by article six-A of the public officers law (personal\nprivacy protection law).\n  5. A health care worker's petition to the panel shall not prevent or\npreclude the worker from seeking relief in any other forum at any time.\n  6. The commissioner may promulgate regulations implementing this\narticle.\n