N.Y. Public Health Law § 2786: Rules and regulations; forms; report

§ 2786. Rules and regulations; forms; report. 1. The commissioner

shall promulgate rules and regulations concerning implementation of this

article for health facilities, health care providers and other persons

to whom this article is applicable. The commissioner shall also develop

standardized model forms to be used for informed consent for HIV related

testing and for the release of confidential HIV related information and

materials for pre-test counseling as required by subdivision three of

section twenty-seven hundred eighty-one of this article, and for

post-test counseling as required by subdivision five of section

twenty-seven hundred eighty-one of this article. Persons, health

facilities and health care providers may use forms for informed consent

for HIV related testing, and for the release of confidential HIV related

information other than those forms developed pursuant to this section,

provided they contain information consistent with the standardized model

forms developed by the commissioner. All forms developed or used

pursuant to this section shall be written in a clear and coherent manner

using words with common, everyday meanings. The commissioner, in

consultation with the AIDS institute advisory council, shall promulgate

regulations to identify those circumstances which create a significant

risk of contracting or transmitting HIV infection; provided, however,

that such regulations shall not be determinative of any significant risk

determined pursuant to paragraph (a) of subdivision four of section

twenty-seven hundred eighty-two or section twenty-seven hundred

eighty-five of this article.

2. (a) Each state agency authorized pursuant to this article to obtain

confidential HIV related information and the board of correction of the

city of New York shall, in consultation with the department of health,

promulgate regulations: (1) to provide safequards to prevent

discrimination, abuse or other adverse actions directed toward protected

individuals; (2) to prohibit the disclosure of such information except

in accordance with this article; (3) to seek to protect individuals in

contact with the protected individual when such contact creates a

significant risk of contracting or transmitting HIV infection through

the exchange of body fluids, and (4) to establish criteria for

determining when it is reasonably necessary for a provider of a health

or social service or the state agency or a local government agency to

have or to use confidential HIV related information for supervision,

monitoring, investigation, or administration and for determining which

employees and agents may, in the ordinary course of business of the

agency or provider, be authorized to access confidential HIV related

information pursuant to the provisions of paragraphs (l) and (m) of

subdivision one and subdivision six of section twenty-seven hundred

eighty-two of this article; and provided further that such regulations

shall be promulgated by the chairperson of the commission of correction

where disclosure is made pursuant to paragraphs (n) and (o) of

subdivision one of section twenty-seven hundred eighty-two of this

article.

(b) The department of health, in consultation with agencies referred

to in paragraph (a) of this subdivision, shall submit a report to the

legislature by December first, nineteen hundred eighty-nine, outlining

the status and content of such regulations, their effect on the

regulated facilities and the protected individuals served by them, the

extent to which they conform with current medical and scientific

knowledge on the transmissibility of HIV infection, and any

recommendations for changes in said regulations.