9 CRR-NY 164.9NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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)
9 CRR-NY 164.9
9 CRR-NY 164.9
164.9 Protection of others at significant risk of infection.
(a) Staff and youth protection.
Since medical history and examination cannot reliably identify all youth infected with HIV or other blood-borne pathogens, blood and body-fluid precautions shall be consistently used for all youth. This approach, referred to as “universal blood and body-fluid precautions” or “universal precautions,” or “universal infection control procedures” shall be used during job-related activities which involve or may involve exposure to significant risk body substances as defined in Department of Health regulations at 10 NYCRR section 63.9.
(b) Facilities and programs, including foster care, shall abide by any additional administrative guidelines regarding protective barriers or procedures as may be required by the division.
(c) Facility staff and division staff responsible for supervision of foster care cases will educate youth regarding behaviors which pose a risk for HIV transmission.
(d) Each division facility shall:
(1) implement and enforce a plan for the prevention of circumstances which could result in another exposed to blood or body fluids which could put them at risk for HIV infection, during the provision of services. Such a plan shall include:
(i) use of generally accepted protective barriers during the job-related activities which involve, or may involve, exposure to blood or body fluids. Such preventive action shall be taken by the employee with each youth and shall constitute an essential element for the prevention of bi-directional spread of HIV;
(ii) use of generally accepted preventive practices during job-related activities which involve the use of contaminated instruments or equipment which may cause puncture injuries;
(iii) training at the time of employment and yearly staff development programs on the use of protective equipment, preventive practices, and circumstances which represent a risk for all employees whose job-related tasks involve, or may involve, exposure to blood or body fluids;
(iv) provision of personal protective equipment for employees which is appropriate to the tasks being performed; and
(v) a system for monitoring preventive programs to assure compliance and safety; and
(2) implement and enforce a plan for the management of individuals who are exposed to blood or body fluids. The plan shall include:
(i) a system for voluntary reporting of all exposures thought to represent a circumstance for significant risk;
(ii) availability of services for evaluating the circumstances of a reported exposure and providing appropriate follow-up of the exposed individual which includes:
(a) medical and epidemiological assessment of the individual who is the source of the exposure, where that individual is known and available;
(b) if epidemiologically indicated, HIV counseling and testing of the source individual as permitted under Public Health Law, article 27-F. Where the HIV status is not known to the exposed individual, disclosure can be made only with the express written consent of the protected individual or pursuant to a Supreme Court order; and
(c) appropriate medical follow-up of the exposed individual; and
(iii) assurances for protection of confidentially for those involved in reported exposures.
9 CRR-NY 164.9
Current through September 15, 2021
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