N.Y. Public Health Law § 2785-a: Court order for HIV related testing in certain cases

§ 2785-a. Court order for HIV related testing in certain cases. 1.

Notwithstanding any contrary provision of law or regulation, a state,

county or local public health officer to whom an order or a consent for

an HIV test is addressed or sent, in accordance with section 390.15 of

the criminal procedure law or section 347.1 of the family court act,

must cause HIV related testing to be administered to the subject named

therein and, if the test is pursuant to court order, must immediately

provide to the court that issued the order a written report specifying

the date on which such test was completed. Such report to the court

shall not, however, disclose the results of such test. Such officer must

disclose the results of the testing to the victim indicated in the order

or consent and must also disclose the results to the person tested,

unless the person tested has been asked to but declines to authorize

such disclosure to himself or herself.

2. At the time of communicating the test results to the subject or the

victim, such public health officer shall directly provide the victim and

person tested with (a) counseling or referrals for counseling for the

purposes specified in subdivision five of section two thousand seven

hundred eighty-one of this article; (b) counseling with regard to HIV

disease and HIV testing in accordance with law and consistent with

subdivision five of section two thousand seven hundred eighty-one of

this article; and (c) appropriate health care and support services, or

referrals to such available services. If at the time of communicating

the test results, the person tested is in the custody of the department

of corrections and community supervision, office of children and family

services, office of mental health or a local correctional institution,

the counseling and services required by this subdivision may be provided

by a public health officer associated with the county or facility within

which the person tested is confined.

3. Unless inconsistent with this section, the provisions of this

article regarding the confidentiality and disclosure of HIV related

information shall apply to proceedings conducted pursuant to section

390.15 of the criminal procedure law or section 347.1 of the family

court act.