New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.5 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No authorized
				officer or employee or agent of the division who obtains confidential HIV-
				related information in the course of performing his or her duties as an
				officer, employee or agent of the division may disclose such information except
				in accordance with the provisions of the HIV- and AIDS-Related Information Act
				(Public Health Law, article 27-F) and the provisions of these
				regulations.
(b) It is the policy
				of the division that disclosure of confidential HIV-related information should,
				whenever possible, be made pursuant to the consent of the protected individual,
				and all reasonable steps, including appropriate counseling, should be taken to
				obtain consent. Once consent has been obtained, a release form that complies
				with the requirements of PHL, article 27-F is to be executed, and disclosure
				may then be made in accordance with that release. Only Department of Health
				approved form 4138 is to be used as a release form for disclosure of
				confidential HIV-related information. The provisions of this subdivision shall
				not apply to disclosures made for the purpose of defending litigation against
				the division, its officers or employees.
(c) In the absence of consent, disclosure may
				be made only to the following, and, except for disclosure pursuant to paragraph
				(1) of this subdivision, disclosure by parole officers and senior parole
				officers may be made only with the written approval of the area supervisor or
				designee or a parole services program specialist, such written approval to be
				placed in the parolee's file:
(1) an
				authorized officer or employee of the division, as defined in section
				8011.2(g) 
				of this Part;
(2) an authorized
				agent of the division, as defined in section
				8011.2(h) 
				of this Part, if disclosure is necessary to permit the agent to carry out his,
				her or its functions for the division;
(3) officers or employees of parole
				authorities of another state, or the United States Parole Commission, when such
				officers or employees are providing treatment or parole services pursuant to
				article 12-B of the Executive Law;
(4) a health care provider, but only when
				knowledge of the HIV-related information is necessary to provide care or
				treatment to the protected individual; for purposes of these regulations,
				disclosure to the medical director of the appropriate state correctional
				facility, or appropriate medical staff at a Division for Youth facility, is
				deemed to be necessary for any parole violator returned to the custody of the
				State Department of Correctional Services or the State Division for
				Youth;
(5) the medical director of
				a local correctional facility whenever a parole violator is being lodged at
				that correctional facility;
(6) any
				person to whom disclosure is ordered by a court of competent jurisdiction;
				and
(7) any person not listed in
				this subdivision, to whom disclosure is authorized pursuant to PHL, section
				2782.1(a) through (o).