New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 63 - Hiv/aids Testing, Reporting And Confidentiality Of Hiv-related Information › Section 63.8 - Contact notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				  contact notification is conducted based on the mandated reporting of cases of
				  HIV infection, HIV-related illness and AIDS and the reporting of known contacts
				  of such cases, and/or provided by the protected individual, all information
				  collected in the course of these contact notification activities, including
				  screening to assess risk of domestic violence, shall be kept confidential as
				  required by Public Health Law, article 21, title III, and shall not be
				  disclosed except when in the judgment of the public health official necessary
				  to other authorized public health officials for conducting accurate and
				  complete epidemiological monitoring of the HIV/AIDS epidemic and for conducting
				  contact notification activities except that contact names and locating
				  information may be disclosed to public health officials in other jurisdictions
				  when necessary to notify the contact: no information about the protected
				  individual will be released to any person in this process. Disclosures and
				  notifications shall be made as follows:
(1)
				  Physicians and other persons required to report as provided for in section
				  63.4 
				  of this Part must indicate on the reporting form whether they have conducted
				  post-test counseling and an assessment of the risk of domestic violence in
				  conformance with a domestic violence screening protocol developed by the
				  Commissioner, whether they plan to undertake contact notification activities,
				  have completed notification of contacts or are making a referral for partner
				  notification assistance to authorized public health officials. If the physician
				  or other mandated reporter chooses to conduct notification, the results of
				  those activities, including information specified by the Commissioner on forms
				  supplied by the Commissioner, or their equivalent, must be forwarded to the
				  appropriate authorized public health official, pursuant to section
				  63.4 
				  of this Part.
(2) The commissioner
				  shall forward initial reports from physicians and other mandated reporters,
				  including the names and addresses of the reported case and of the known
				  contacts, and/or contacts provided by the protected person, the status of
				  provider initiated contact notification activities and the determination of
				  risk of domestic violence, if any, to the authorized public health official in
				  the county where the reported case resides.
(3) Consistent with guidelines acceptable to
				  the commissioner in conformance with article 21 of the Public Health Law,
				  authorized public health officials, upon determination that the reported case,
				  reported contacts, or any other case merits contact notification in order to
				  protect the public health, shall make a good faith effort to seek the
				  cooperation of the protected individual to name contacts they wish to have
				  notified, to notify the known contacts and to inform the public health official
				  in the jurisdiction where any additional contacts reside, when necessary to
				  notify such contacts. No information about the protected individual will be
				  released to any person in this process.