New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.8 - Disclosure and release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				confidential HIV-related information shall be disclosed pursuant to a general
				release or subpoena without a Supreme Court order, pursuant to Public Health
				Law, section 2785. D isclosure is permitted for HIV-related information
				pursuant to a specific release form which has been developed or approved by the
				Department of Health. The release must be signed by the protected individual,
				or if the protected individual lacks capacity to consent pursuant to section
				164.4(d) of this
				Part, by a person authorized pursuant to law to consent to health care for the
				individual.
(b) All written
				disclosures of confidential HIV information must be accompanied by a statement
				prohibiting redisclosure. The statement shall include the following language or
				substantially similar language: "This information has been disclosed to you
				from confidential records which are protected by State law. State law prohibits
				you from making any further disclosure of this information without the specific
				written consent of the person to whom it pertains, or as otherwise permitted by
				law. Any unauthorized further disclosure in violation of State law may result
				in a fine or jail sentence or both. A general authorization for the release of
				medical or other information is not sufficient authorization for further
				disclosure. Disclosure of confidential HIV information that occurs as the
				result of a general authorization for the release of medical or other
				information will be in violation of the State law and may result in a fine or
				jail sentence or both."
(c) If oral
				disclosures are necessary, they must be accompanied or followed as soon as
				possible, but no later than 10 days, by the statement required in subdivision
				(b) of this section. All disclosures, oral or written, shall be recorded in the
				youth's official record.
(d) The
				statement required by subdivisions (a) and (b) of this section is not required
				for release to the protected person or to his or her legal representative, for
				releases made by a physician or public health officer to a contact, or for
				releases made by a physician to a person authorized pursuant to law to consent
				to the health care of the protected person when the person has been counseled
				and the disclosure is medically necessary pursuant to Public Health Law,
				section 2782(4)(e). For disclosure of confidential HIV-related information from
				the youth's medical files to persons who are permitted access pursuant to
				section 164.7(b)(3)-(4), (6)-(7), (9)- (10) and
				(16)-(17) of this Part, it shall be
				sufficient for the statement required by subdivisions (b) and (c) of this
				section to appear in the youth's medical record.