NY Pub Health L § 2786 (2021)
2021 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 and the board of correction of  the city  of  New York 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.