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

* § 11-c. Medical examination of volunteer firefighters to detect and

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

firefighter 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 fire company of which the

volunteer firefighter is a member shall authorize such volunteer

firefighter to obtain an appropriate medical examination to determine if

such volunteer firefighter has been exposed to or infected with the

human immunodeficiency virus (HIV). Such medical examination of a

volunteer firefighter shall be authorized within eight hours of

notification to the executive officer of the fire company of which such

volunteer firefighter is a member of an incident that has created an

exposure risk to the volunteer firefighter.

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

firefighter has been exposed to or infected with human immunodeficiency

virus (HIV), then such volunteer firefighter 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 firefighter

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 firefighter shall be

confidential information pursuant to article twenty-seven-F of the

public health law and shall not be made available to the fire company

without the written authorization of the affected volunteer firefighter.

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 firefighter is performing services in the line of duty that

has created a recognized and significant risk of infection of a

volunteer firefighter 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

firefighter 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

firefighter 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.

* NB There are 2 § 11-c's