S T A T E O F N E W Y O R K
________________________________________________________________________
6582
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
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Introduced by M. of A. BURLING, MILLER, GIGLIO, WALKER, FINCH, BALL --
Multi-Sponsored by -- M. of A. BACALLES, CALHOUN, CROUCH, ERRIGO,
HAWLEY, KOLB, McDONOUGH -- read once and referred to the Committee on
Correction
AN ACT to amend the correction law and the education law, in relation to
providing for the medical testing of certain inmates upon application
for certain privileges and authorizing the disclosure of such test
results for such purpose and diagnosing of certain disease symptoms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding two new sections
144 and 145 to read as follows:
S 144. MEDICAL TESTING OF CERTAIN INMATES UPON APPLICATION FOR CERTAIN
PRIVILEGES. 1. INMATES APPLYING TO THE COMMISSIONER TO MARRY, TO PARTIC-
IPATE IN THE FAMILY REUNION PROGRAM, OR TO PARTICIPATE IN A TEMPORARY
RELEASE PROGRAM, SHALL SUBMIT TO A TEST FOR EVIDENCE OF ACQUIRED IMMUNE
DEFICIENCY SYNDROME (AIDS), THE AIDS RELATED COMPLEX (ARC), AND THE
HUMAN IMMUNODEFICIENCY VIRUS INFECTION (HIV). AS SCIENTIFIC KNOWLEDGE
OF THE AIDS DISEASE INCREASES, USAGE OF TERMINOLOGY AND ADDITIONAL TESTS
FOR THE HIV OR FOR LEVELS OF ANTIGEN OR ANTIBODY SHALL BE MODIFIED BY
THE COMMISSIONER IN ACCORDANCE WITH THE LATEST PUBLICATION MADE AVAIL-
ABLE BY THE FEDERAL CENTER FOR DISEASE CONTROL.
2. UPON PROOF THAT ANY IDENTIFIABLE INMATE SEEKING APPROVAL FOR ONE OR
MORE OF THE PRIVILEGES SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, HAS
TESTED POSITIVE, HAS A CERTAIN LEVEL OF ANTIGEN OR ANTIBODY OR HAS
OTHERWISE TESTED POSITIVE FOR INFECTION WITH HIV OR INFECTION WITH THE
PROBABLE CAUSATIVE AGENT OF AIDS, THE COMMISSIONER MAY DENY SUCH
REQUESTED PRIVILEGE TO SUCH INMATE.
3. INMATES GRANTED THE PRIVILEGE TO PARTICIPATE IN THE FAMILY REUNION
PROGRAM OR A TEMPORARY RELEASE PROGRAM SHALL SUBMIT TO ANY OF THE TESTS
SPECIFIED IN SUBDIVISION ONE OF THIS SECTION DURING PARTICIPATION IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06260-01-9
A. 6582 2
SUCH PROGRAM AT INTERVALS DETERMINED BY THE COMMISSIONER BUT IN NO CASE
LESS THAN SIX MONTH INTERVALS.
S 145. NOTIFICATION OF DISEASE SYMPTOMS. UPON THE DIAGNOSIS BY A
FACILITY HEALTH DIRECTOR OR ANY OTHER MEDICAL SERVICE PROVIDER AUTHOR-
IZED BY THE DEPARTMENT TO EXAMINE INMATES, THAT AN INMATE HAS SYMPTOMS
OF ACQUIRED IMMUNE DEFICIENCY SYNDROME, NOTICE OF THE DIAGNOSIS SHALL BE
PROVIDED TO ALL EMPLOYEES OF THE DEPARTMENT WHO CAN REASONABLY BE
EXPECTED TO BE INVOLVED IN THE SUPERVISION AND CARE OF SAID INMATE.
S 2. Subdivision 1 of section 1007 of the education law, as amended by
chapter 656 of the laws of 1999, is amended to read as follows:
1. It shall be unlawful, except for purposes directly connected with
the administration of the vocational rehabilitation program AND FOR
PURPOSES OF SECTION ONE HUNDRED FORTY-FIVE OF THE CORRECTION LAW, for
any person or persons to solicit, disclose, receive, or make use of, or
authorize, knowingly permit, participate in, or acquiesce in the use of
any list of, or names of, or any information concerning, persons apply-
ing for or receiving vocational rehabilitation, directly or indirectly
derived from the [record] RECORDS, papers, files, communications of the
state or subdivisions or agencies thereof, or acquired in the course of
the performance of official duties without the consent of each such
applicant or recipient. Such records, papers, files and communications
shall be regarded as confidential information and privileged within the
meaning of section forty-five hundred four of the civil practice law and
rules.
S 3. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.