Eliminates certain disclosure and consent requirements for HIV testing of individuals, when another person has a significant risk of occupational exposure

Summary of provisions

Section 1. Amends section 2781 of the public health law paragraphs (c) and (d) to make technical corrections.

Amends section 2781 of the public health law to add a paragraph (e) which will provide that in certain specified situations of occupational exposure which create a significant risk of contracting or transmitting HIV infection in an exposed person, a provider shall order an anonymous HIV test of the source person and the results of the anonymous test shall only be disclosed to the attending health care professional of the exposed person solely for the purpose of assisting the exposed person in making appropriate decisions regarding post-exposure medical treatment.

Existing law

PHL § 2134 requires that disclosure of medical information, including a diagnosis of HIV infection, may be made only to (a) the protected individual, (b) the municipal health commissioner or district health officer if such commissioner or officer is not the examining physician, and (c) without specifically revealing the identity of the protected individual, contacts defined pursuant to subdivision ten of section twenty-seven hundred eighty of the PHL.

PHL § 2135 requires that any HIV information obtained by DOH or any municipal health officer must be maintained as confidential, except as otherwise required by law.

PHL § 2138 ensures that nothing provided for in Article twenty one shall be interpreted to eliminate the anonymous testing option provided for in section twenty seven hundred eighty-one.

PHL § 2781 requires written, informed consent before any HIV related test may be ordered, and a physician or other practitioner must verify that consent was received before ordering that such test be

performed. The written, informed consent consists of a statement signed by the subject of the test which explains, among other things, the purpose of the test and the applicable confidentiality protections.

PHL § 2782 prohibits persons who obtain confidential HIV related information from disclosing such information, with certain exceptions. In those circumstances when disclosure is authorized, it must be accompanied by a statement advising that further disclosure without consent is prohibited.

PHL § 2786 requires the Commissioner to develop forms for informed consent for HIV related testing arid disclosure of confidential related information.

Justification

During the current legislative session, proposed language regarding occupational exposure can only be found within broad legislation introduced as Departmental Bill #56 (#1 2009). It is of the utmost importance that we extract this language from the Departmental Bill due to the concerns of medical professionals and health care providers. Ever since the Departmental Bill was introduced, doctors, nurses, and staff of health facilities have requested that this language be advocated for. Everyday our medical personnel and first responders put their health and safety at risk in order to assist our communities. While preventing exposures to blood and bodily fluids is the most effective means of preventing occupationally acquired Human Immunodeficiency Virus (HIV) infection, post exposure management, as well as source testing, are important and essential steps in occupational exposure treatment.

The federal Ryan White HIV/AIDS Treatment Extension Act of 2009, signed into law on October 30, 2009, reinstated previous provisions for notification of possible exposure of emergency responders to infectious diseases that had been included in the federal Ryan White law from 1990 until 2006, but had remained absent from law in the interim. The new federal Part G, however, does not automatically reinstate the list of infectious diseases that existed before 2006, and the Department of Health and Human Services has not yet developed a new list to implement the part. New York State currently regulates access to protected information related to the HIV infection status of source patients by New York State Regulation, Section 63.8 of Title 10, however, there is no codification of occupational exposure procedures.

In an effort to streamline these provisions and afford more New Yorkers and health care workers the ability to protect themselves from occupational exposure, this bill would specifically define the instances and procedures required to be followed when an occupational exposure event occurs, particularly when the source is deceased, comatose, or lacking mental capacity.

Legislative history

New bill.

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

This act shall take effect September 1, 2010; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.