2023 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.