State Codes and Statutes

Statutes > New-york > Cvs > Article-11-b > 178

§  178.  Medical  examination of public protection officials to detect  and identify the human immunodeficiency virus (HIV). 1. Definitions. For  the purposes of this section:    (a) "Assailant" means a person arrested and charged with a  crime,  as  defined  in  section  10.00  of the penal law, or a person committed to,  certified to, or placed in the custody of the department of  corrections  or any other correctional facility or county jail.    (b)  "Medical  examination"  includes  a  physical examination or test  performed by a physician or other  appropriate  health  care  worker  to  determine  if  a  public  protection  official  has  been  exposed to or  infected by the human immunodeficiency virus (HIV). Tests  may  include,  but  need  not  be  limited to, the most accurate, sensitive, and timely  tests  available  used  for  the  early  identification  of  the   human  immunodeficiency virus (HIV).    (c)  "Public protection official" means any state, county or municipal  police  officer,   peace   officer,   firefighter,   emergency   medical  technician,  corrections  officer,  or  sheriff  who is acting under the  scope of authority of his or her official position.    (d) "Significant risk of transmission" means the alleged conduct of or  actions taken by an assailant or any other action,  situation  or  event  that  occurs while a public protection official is performing his or her  official duties that has created a recognized and  significant  risk  of  infection   of   a   public   protection   official   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.    2. Examination of public protection officials. (a) Whenever  a  public  protection   official   has  been  exposed  to  a  significant  risk  of  transmission of the human immunodeficiency virus (HIV) while  performing  his  or her official duties, the employer of such official shall provide  to such public protection official an appropriate medical examination to  determine if such official has been exposed  to  or  infected  with  the  human immunodeficiency virus (HIV). Such medical examination of a public  protection   official   should   be   provided  within  eight  hours  of  notification to the employer or designated agent of the employer  of  an  incident that has created an exposure risk to the official.    (b)  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  public  protection  official  has  been  exposed  to  or infected with the human  immunodeficiency virus  (HIV),  then  such  official  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 he or  she  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 public protection official shall be  confidential information  pursuant  to  article  twenty-seven-F  of  the  public  health  law  and  shall  not  be  made available to the employer  without the written authorization  of  the  affected  public  protection  official.    3. Payment for medical examinations. Payment for medical examinations,  additional  testing,  treatment  services,  counseling services, and any  other additional services provided pursuant to subdivision two  of  this  section  shall  be  covered  by  subdivision three of section ten of the  workers' compensation law; provided  that  any  employer  which  is  not  required  to and does not provide coverage pursuant to subdivision threeof section ten  of  the  workers'  compensation  law  may  finance  such  payments  for all of the foregoing services provided for by this section  from municipal funding sources, including, but not limited to,  employee  accident  and  disability benefit programs, workers' compensation funds,  health insurance benefits, accident and disability retirement plans,  or  any other source of funds that the municipal employer deems appropriate.    4.  Guidelines.  The  commissioner of health shall issue guidelines to  facilitate the identification of circumstances  potentially  exposing  a  public  protection official 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.    5.   Confidentiality.   Any   information  gathered  pursuant  to  the  provisions of this article which is deemed confidential under any  other  provision of law shall be treated in a confidential manner and shall not  be distributed, be made available or be disclosed by the employer.

State Codes and Statutes

Statutes > New-york > Cvs > Article-11-b > 178

§  178.  Medical  examination of public protection officials to detect  and identify the human immunodeficiency virus (HIV). 1. Definitions. For  the purposes of this section:    (a) "Assailant" means a person arrested and charged with a  crime,  as  defined  in  section  10.00  of the penal law, or a person committed to,  certified to, or placed in the custody of the department of  corrections  or any other correctional facility or county jail.    (b)  "Medical  examination"  includes  a  physical examination or test  performed by a physician or other  appropriate  health  care  worker  to  determine  if  a  public  protection  official  has  been  exposed to or  infected by the human immunodeficiency virus (HIV). Tests  may  include,  but  need  not  be  limited to, the most accurate, sensitive, and timely  tests  available  used  for  the  early  identification  of  the   human  immunodeficiency virus (HIV).    (c)  "Public protection official" means any state, county or municipal  police  officer,   peace   officer,   firefighter,   emergency   medical  technician,  corrections  officer,  or  sheriff  who is acting under the  scope of authority of his or her official position.    (d) "Significant risk of transmission" means the alleged conduct of or  actions taken by an assailant or any other action,  situation  or  event  that  occurs while a public protection official is performing his or her  official duties that has created a recognized and  significant  risk  of  infection   of   a   public   protection   official   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.    2. Examination of public protection officials. (a) Whenever  a  public  protection   official   has  been  exposed  to  a  significant  risk  of  transmission of the human immunodeficiency virus (HIV) while  performing  his  or her official duties, the employer of such official shall provide  to such public protection official an appropriate medical examination to  determine if such official has been exposed  to  or  infected  with  the  human immunodeficiency virus (HIV). Such medical examination of a public  protection   official   should   be   provided  within  eight  hours  of  notification to the employer or designated agent of the employer  of  an  incident that has created an exposure risk to the official.    (b)  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  public  protection  official  has  been  exposed  to  or infected with the human  immunodeficiency virus  (HIV),  then  such  official  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 he or  she  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 public protection official shall be  confidential information  pursuant  to  article  twenty-seven-F  of  the  public  health  law  and  shall  not  be  made available to the employer  without the written authorization  of  the  affected  public  protection  official.    3. Payment for medical examinations. Payment for medical examinations,  additional  testing,  treatment  services,  counseling services, and any  other additional services provided pursuant to subdivision two  of  this  section  shall  be  covered  by  subdivision three of section ten of the  workers' compensation law; provided  that  any  employer  which  is  not  required  to and does not provide coverage pursuant to subdivision threeof section ten  of  the  workers'  compensation  law  may  finance  such  payments  for all of the foregoing services provided for by this section  from municipal funding sources, including, but not limited to,  employee  accident  and  disability benefit programs, workers' compensation funds,  health insurance benefits, accident and disability retirement plans,  or  any other source of funds that the municipal employer deems appropriate.    4.  Guidelines.  The  commissioner of health shall issue guidelines to  facilitate the identification of circumstances  potentially  exposing  a  public  protection official 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.    5.   Confidentiality.   Any   information  gathered  pursuant  to  the  provisions of this article which is deemed confidential under any  other  provision of law shall be treated in a confidential manner and shall not  be distributed, be made available or be disclosed by the employer.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvs > Article-11-b > 178

§  178.  Medical  examination of public protection officials to detect  and identify the human immunodeficiency virus (HIV). 1. Definitions. For  the purposes of this section:    (a) "Assailant" means a person arrested and charged with a  crime,  as  defined  in  section  10.00  of the penal law, or a person committed to,  certified to, or placed in the custody of the department of  corrections  or any other correctional facility or county jail.    (b)  "Medical  examination"  includes  a  physical examination or test  performed by a physician or other  appropriate  health  care  worker  to  determine  if  a  public  protection  official  has  been  exposed to or  infected by the human immunodeficiency virus (HIV). Tests  may  include,  but  need  not  be  limited to, the most accurate, sensitive, and timely  tests  available  used  for  the  early  identification  of  the   human  immunodeficiency virus (HIV).    (c)  "Public protection official" means any state, county or municipal  police  officer,   peace   officer,   firefighter,   emergency   medical  technician,  corrections  officer,  or  sheriff  who is acting under the  scope of authority of his or her official position.    (d) "Significant risk of transmission" means the alleged conduct of or  actions taken by an assailant or any other action,  situation  or  event  that  occurs while a public protection official is performing his or her  official duties that has created a recognized and  significant  risk  of  infection   of   a   public   protection   official   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.    2. Examination of public protection officials. (a) Whenever  a  public  protection   official   has  been  exposed  to  a  significant  risk  of  transmission of the human immunodeficiency virus (HIV) while  performing  his  or her official duties, the employer of such official shall provide  to such public protection official an appropriate medical examination to  determine if such official has been exposed  to  or  infected  with  the  human immunodeficiency virus (HIV). Such medical examination of a public  protection   official   should   be   provided  within  eight  hours  of  notification to the employer or designated agent of the employer  of  an  incident that has created an exposure risk to the official.    (b)  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  public  protection  official  has  been  exposed  to  or infected with the human  immunodeficiency virus  (HIV),  then  such  official  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 he or  she  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 public protection official shall be  confidential information  pursuant  to  article  twenty-seven-F  of  the  public  health  law  and  shall  not  be  made available to the employer  without the written authorization  of  the  affected  public  protection  official.    3. Payment for medical examinations. Payment for medical examinations,  additional  testing,  treatment  services,  counseling services, and any  other additional services provided pursuant to subdivision two  of  this  section  shall  be  covered  by  subdivision three of section ten of the  workers' compensation law; provided  that  any  employer  which  is  not  required  to and does not provide coverage pursuant to subdivision threeof section ten  of  the  workers'  compensation  law  may  finance  such  payments  for all of the foregoing services provided for by this section  from municipal funding sources, including, but not limited to,  employee  accident  and  disability benefit programs, workers' compensation funds,  health insurance benefits, accident and disability retirement plans,  or  any other source of funds that the municipal employer deems appropriate.    4.  Guidelines.  The  commissioner of health shall issue guidelines to  facilitate the identification of circumstances  potentially  exposing  a  public  protection official 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.    5.   Confidentiality.   Any   information  gathered  pursuant  to  the  provisions of this article which is deemed confidential under any  other  provision of law shall be treated in a confidential manner and shall not  be distributed, be made available or be disclosed by the employer.