N.Y. Public Health Law § 2760: Advisory panel established

§ 2760. Advisory panel established. 1. A state advisory panel for the

evaluation of health care workers with human immunodeficiency virus

(HIV) or hepatitis B (HBV) (hereinafter referred to in this article as

HIV/HBV) is hereby established in the department. This panel shall be

known as the health care worker HIV/HBV advisory panel and shall be

composed of three to five members. The commissioner shall appoint three

members for a term of two years: a state or local public health officer,

an infectious disease expert and an expert in infection control or

epidemiology. For the purpose of the panel's deliberations on a specific

case: (a) the commissioner may appoint a health professional with

expertise relevant to procedures performed by the health care worker,

provided, however, that the commissioner shall appoint such professional

if the health care worker so requests; and (b) the commissioner shall,

at the health care worker's request, appoint the health care worker's

personal physician. The commissioner shall appoint the chairperson of

the panel. A vacancy occurring during a term shall be filled by

appointment by the commissioner for the unexpired term. Any member may

be removed from the panel at the pleasure of the commissioner.

2. Each member of the panel shall receive up to one hundred fifty

dollars as prescribed by the commissioner for each day devoted to panel

work not to exceed forty-five hundred dollars in any one year, and shall

be reimbursed for actual and necessary expenses incurred in the

performance of his/her duties.

3. The department shall advise the panel members of statutory and

regulatory confidentiality provisions and restrictions on disclosure of

information which are applicable to the panel members and to panel

operations.