N.Y. Volunteer Ambulance Workers' Benefit Law § 11-c: Medical examination of volunteer ambulance workers to detect and identify the human immunodeficiency virus (HIV)

§ 11-c. Medical examination of volunteer ambulance workers to detect

and identify the human immunodeficiency virus (HIV). 1. Whenever a

volunteer ambulance worker has been exposed to a significant risk of

transmission of the human immunodeficiency virus (HIV) while performing

services in the line of duty, the executive officer of the ambulance

company of which the volunteer ambulance worker is a member shall

authorize such volunteer ambulance worker to obtain an appropriate

medical examination to determine if such volunteer ambulance worker has

been exposed to or infected with the human immunodeficiency virus (HIV).

Such medical examination of a volunteer ambulance worker shall be

authorized within eight hours of notification to the executive officer

of the ambulance company of which such volunteer ambulance worker is a

member of an incident that has created an exposure risk to the volunteer

ambulance worker.

2. Should it be determined by the examining physician or other

attending health care worker that a significant risk of transmission has

occurred, or should any medical examination conclude that a volunteer

ambulance worker has been exposed to or infected with human

immunodeficiency virus (HIV), then such volunteer ambulance worker shall

be offered counseling and additional testing, as appropriate and

consistent with treatment guidelines issued by the commissioner of

health. Such counseling may include a discussion of the risk of the

transmission of the human immunodeficiency virus (HIV) from the exposure

the volunteer ambulance worker may have experienced and the spectrum of

tests commercially available for the prompt and reliable diagnosis of

such infection. Information from any such medical examination of a

volunteer ambulance worker shall be confidential information pursuant to

article twenty-seven-F of the public health law and shall not be made

available to the ambulance company without the written authorization of

the affected volunteer ambulance worker.

3. Payment for medical examinations, additional testing, treatment

services, counseling services, and any other additional services

provided pursuant to this section shall be a covered benefit under this

chapter.

4. For the purposes of this section, the term "significant risk of

transmission" means the alleged conduct or actions taken by a victim or

patient or any other action, situation or event that occurs while a

volunteer ambulance worker is performing services in the line of duty

that has created a recognized and significant risk of infection of a

volunteer ambulance worker with the human immunodeficiency virus (HIV),

as determined by the commissioner of health, consistent with guidelines,

protocols, and findings of the United States centers for disease control

and prevention.

5. For purposes of this section, the term "medical examination"

includes a physical examination or test performed by a physician or

other appropriate health care worker to determine if a volunteer

ambulance worker has been exposed to or infected by the human

immunodeficiency virus (HIV). Tests may include, but not be limited to,

the most accurate, sensitive, and timely tests available used for the

early identification of the human immunodeficiency virus (HIV).

6. The commissioner of health shall issue guidelines to facilitate the

identification of circumstances potentially exposing a volunteer

ambulance worker to a significant risk of transmission of the human

immunodeficiency virus (HIV). Such guidelines shall be consistent with

criteria accepted by the federal centers for disease control and

prevention. Such guidelines shall also provide information regarding

related counseling and testing procedures available to such individuals.

7. Any information gathered pursuant to the provisions of this section

which is deemed confidential under any other provision of law shall be

treated in a confidential manner.