N.Y. Public Health Law § 2783: Penalties; immunities

§ 2783. Penalties; immunities. 1. Any person who shall:

(a) perform, or permit or procure the performance of, an HIV related

test in violation of section twenty-seven hundred eighty-one of this

article; or

(b) disclose, or compel another person to disclose, or procure the

disclosure of, confidential HIV related information in violation of

section twenty-seven hundred eighty-two of this article; shall be

subject to a civil penalty not to exceed five thousand dollars for each

occurrence. Such penalty may be recovered in the same manner as the

penalty provided in section twelve of this chapter.

2. Any person who willfully commits an act enumerated in subdivision

one of this section shall be guilty of a misdemeanor and subject to the

penalties provided in section twelve-b of this chapter.

3. There shall be no criminal sanction or civil liability on the part

of, and no cause of action for damages shall arise against any

physician, his or her employer, or a physician's designated agent, or

health facility or health care provider with which the physician is

associated, or public health officer, on account of:

(a) the failure to disclose confidential HIV related information to a

contact or person authorized pursuant to law to consent to health care

for a protected individual; or

(b) the disclosure of confidential HIV related information to a

contact or person authorized pursuant to law to consent to health care

for a protected individual, when carried out in compliance with this

article; or

(c) the disclosure of confidential HIV related information to any

person, agency, or officer authorized to receive such information, when

carried out in good faith and without malice, and in compliance with the

provisions of this article; or

(d) the municipal health commissioner or district health officer's

failure to notify contacts pursuant to this chapter.

4. Any cause of action to recover damages based on a failure to

provide information, explanations, or counseling prior to the execution

of a written informed consent, or based on a lack of informed consent in

the ordering or performance of an HIV related test in violation of this

article shall be governed by the provisions of section two thousand

eight hundred five-d of this chapter.