N.Y. Public Health Law § 2781-a: Required offering of HIV related testing

§ 2781-a. Required offering of HIV related testing. 1. Every

individual age thirteen and older (or younger than thirteen if there is

evidence or indication of risk activity) who receives health services as

an inpatient or in the emergency department of a general hospital

defined in subdivision ten of section twenty-eight hundred one of this

chapter or who receives primary care services in an outpatient

department of such hospital or in a diagnostic and treatment center

licensed under article twenty-eight of this chapter or from a physician,

physician assistant, nurse practitioner, or midwife providing primary

care shall in accordance with subdivision one of section two thousand

seven hundred eighty-one of this article be offered an HIV related test

unless the health care practitioner providing such services reasonably

believes that (a) the individual is being treated for a life threatening

emergency; or (b) the individual has previously been offered or has been

the subject of an HIV related test (except that a test shall be offered

if otherwise indicated); or (c) the individual lacks capacity to consent

to an HIV related test.

2. As used in this section, "primary care" means the medical fields of

family medicine, general pediatrics, primary care, internal medicine,

primary care obstetrics, or primary care gynecology, without regard to

board certification.

3. The offering of HIV related testing under this section shall be

culturally and linguistically appropriate in accordance with rules and

regulations promulgated by the commissioner.

4. This section shall not affect the scope of practice of any health

care practitioner or diminish any authority or legal or professional

obligation of any health care practitioner to offer an HIV related test

or to provide services or care for the subject of an HIV related test.