NY Civ Serv L § 178 (2021)
2021 New York Laws CVS - Civil Service Article 11-B - Medical Examination of Public Protection Officials to Detect and Identify the Human Immunodeficiency Virus (Hiv) 178 - Medical Examination of Public Protection Officials to Detect and Identify the Human Immunodeficiency Virus (Hiv)

§  178.  Medical  examination of public protection officials to detect and identify the human immunodeficiency virus (HIV). 1. Definitions. For the purposes of this section:  (a) "Assailant" means a person arrested and charged with a  crime,  as defined  in  section  10.00  of the penal law, or a person committed to, certified to, or placed in the custody of the department of  corrections and  community  supervision or any other correctional facility or county jail.  (b) "Medical examination" includes  a  physical  examination  or  test performed  by  a  physician  or  other appropriate health care worker to determine if a  public  protection  official  has  been  exposed  to  or infected  by  the human immunodeficiency virus (HIV). Tests may include, but need not be limited to, the most  accurate,  sensitive,  and  timely tests   available  used  for  the  early  identification  of  the  human immunodeficiency virus (HIV).  (c) "Public protection official" means any state, county or  municipal police   officer,   peace   officer,   firefighter,   emergency  medical technician, corrections officer, or sheriff  who  is  acting  under  the scope of authority of his or her official position.  (d) "Significant risk of transmission" means the alleged conduct of or actions  taken  by  an assailant or any other action, situation or event that occurs while a public protection official is performing his or  her official  duties  that  has created a recognized and significant risk of infection   of   a   public   protection   official   with   the   human immunodeficiency  virus  (HIV),  as  determined  by  the commissioner of health, consistent with  guidelines,  protocols,  and  findings  of  the United States centers for disease control and prevention.   2.  Examination  of public protection officials. (a) Whenever a public protection  official  has  been  exposed  to  a  significant   risk   of transmission  of the human immunodeficiency virus (HIV) while performing his or her official duties, the employer of such official shall  provide to such public protection official an appropriate medical examination to determine  if  such  official  has  been exposed to or infected with the human immunodeficiency virus (HIV). Such medical examination of a public protection  official  should  be  provided   within   eight   hours   of notification  to  the employer or designated agent of the employer of an incident that has created an exposure risk to the official.  (b) Should it be  determined  by  the  examining  physician  or  other attending health care worker that a significant risk of transmission has occurred,  or  should  any  medical  examination  conclude that a public protection official has been exposed  to  or  infected  with  the  human immunodeficiency  virus  (HIV),  then  such  official  shall  be offered counseling and additional testing, as appropriate  and  consistent  with treatment   guidelines  issued  by  the  commissioner  of  health.  Such counseling may include a discussion of the risk of the  transmission  of the  human  immunodeficiency virus (HIV) from the exposure he or she may have experienced and the spectrum of tests  commercially  available  for the  prompt  and  reliable diagnosis of such infection. Information from any such medical examination of a public protection  official  shall  be confidential  information  pursuant  to  article  twenty-seven-F  of the public health law and shall  not  be  made  available  to  the  employer without  the  written  authorization  of  the affected public protection official.   3. Payment for medical examinations. Payment for medical examinations, additional testing, treatment services,  counseling  services,  and  any other  additional  services provided pursuant to subdivision two of this section shall be covered by subdivision three  of  section  ten  of  the workers'  compensation  law;  provided  that  any  employer which is not  required to and does not provide coverage pursuant to subdivision  three of  section  ten  of  the  workers'  compensation  law  may finance such payments for all of the foregoing services provided for by this  section from  municipal funding sources, including, but not limited to, employee accident and disability benefit programs, workers'  compensation  funds, health  insurance benefits, accident and disability retirement plans, or any other source of funds that the municipal employer deems appropriate.   4. Guidelines. The commissioner of health shall  issue  guidelines  to facilitate  the  identification  of circumstances potentially exposing a public protection official to a significant risk of transmission of  the human  immunodeficiency virus (HIV). Such guidelines shall be consistent with criteria accepted by the federal centers for  disease  control  and prevention.  Such  guidelines  shall  also provide information regarding related counseling and testing procedures available to such individuals.   5.  Confidentiality.  Any  information  gathered   pursuant   to   the provisions  of this article which is deemed confidential under any other provision of law shall be treated in a confidential manner and shall not be distributed, be made available or be disclosed by the employer.