9 CRR-NY 7064.10NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE AA. STATE COMMISSION OF CORRECTION
CHAPTER I. MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES
SUBCHAPTER A. MINIMUM STANDARDS AND REGULATIONS
PART 7064. HUMAN IMMUNODEFICIENCY VIRUS AND AIDS-RELATED INFORMATION—CONFIDENTIALITY
9 CRR-NY 7064.10
9 CRR-NY 7064.10
7064.10 Contact notification.
(a) A physician may disclose HIV-related information, without the protected person's consent, to a contract or to a public health officer when:
(1) the physician reasonably believes disclosure is medically appropriate and a significant risk of infection exists; and
(2) the protected person has been counseled to notify his/her contacts, has been provided a reasonable opportunity to do so, and the physician reasonably believes the protected person will not inform the contacts.
(b) The physician must inform the protected person of the physician's intent to disclose and inform the protected person that he or she may choose whether the physician or public health officer will notify the contact. The physician shall honor the protected person's choice. All notification shall be in person, except where circumstances compel otherwise.
(c) The identity of the protected person shall not be disclosed to the contact.
(d) When a public health officer is requested to notify contacts, the officer shall meet with the protected person, unless conditions prevent it, to counsel and verify information prior to any notification of such person's contacts. Local health units must provide HIV contact notification services.
(e) The person notifying the contact shall provide counseling or make referrals for counseling as appropriate. Such counseling must address coping emotionally with potential exposure to HIV, an explanation regarding the nature of HIV infection and HIV-related illness, availability of anonymous and confidential testing, information on preventing exposure or transmission of HIV infection, information regarding problems that might occur as the result of disclosure of HIV-related information, and the legal protections against such disclosures.
(f) If a protected person is now deceased and the physician reasonably believes the protected person had not informed his/her contacts and reasonably believes disclosure is medically appropriate and that a significant risk of infection exists, the physician may notify the contact or request the public health officer to notify the contact. All such notifications shall be in person, except where circumstances reasonably prevent doing so, and the identity of the deceased shall not be disclosed.
(g) A physician shall have no obligation to identify or locate any contact.
9 CRR-NY 7064.10
Current through July 31, 2021
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