2023 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.