9 CRR-NY 7201.5NY-CRR
9 CRR-NY 7201.5
9 CRR-NY 7201.5
7201.5 Intra-agency confidentiality.
(a) No employee, agent or member of the commission or any member of the citizens' policy and complaint review council or member of the medical review board shall have access to health information relating to any identified person, including confidential HIV-related information on any person, except in connection with the following activities:
(1) investigation into the death of any inmate pursuant to article 3 of the Correction Law;
(2) investigation or evaluation of health care in any correctional facility;
(3) monitoring and providing technical assistance to any correctional facility or operator thereof;
(4) maintenance of statistical data as authorized by law;
(5) research studies approved by the commission;
(6) as necessary in the ordinary course of business to provide legal services to the commission; and
(7) as otherwise relevant and necessary to carry out the express statutory functions, powers and duties of the commission.
(b) No employee, agent, or member of the commission, or any member of the citizens' policy and complaint review council or member of the medical review board, who has access to confidential HIV-related information shall disclose such information to any other person unless such person also has access to confidential HIV-related information as described in this Part, section 7064 of this Title, or as authorized by Public Health Law, article 27-F or its implementing regulations.
(c) Each employee of the State Commission of Correction who is given authorized access to the commission's records of an identified person that contain HIV-related information shall:
(1) be advised in writing that such person shall not:
(i) examine documents containing HIV-related information unless required to do so in the course of his or her official duties;
(ii) remove or copy any such documents unless he or she is acting within the scope of his or her assigned duties; or
(iii) discuss the content of any such documents with any person unless that person is authorized to have access to such documents;
(2) sign a statement attesting that he or she has read the above restrictions and stating that he or she understands that violation may lead to disciplinary action, including suspension or dismissal from employment and that such violation may be against New York State law and lead to arrest and criminal prosecution.
9 CRR-NY 7201.5
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.