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Assembly Bill A11291

2009-2010 Legislative Session

Relates to tests performed for human immunodeficiency virus in situations involving occupational exposures to the human immunodeficiency virus

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Archive: Last Bill Status - In Assembly Committee

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2009-A11291 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง2781, Pub Health L

2009-A11291 (ACTIVE) - Summary

Relates to tests performed for human immunodeficiency virus in situations involving occupational exposures to the human immunodeficiency virus.

2009-A11291 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11291

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Health

AN  ACT  to  amend the public health law, in relation to tests performed
  for human immunodeficiency virus in situations involving  occupational
  exposures to the human immunodeficiency virus

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of section 2781 of the public health  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  IN  SITUATIONS  INVOLVING  OCCUPATIONAL  EXPOSURES WHICH CREATE A
SIGNIFICANT RISK  OF  CONTRACTING  OR  TRANSMITTING  HIV  INFECTION,  AS
DEFINED  IN  REGULATIONS  OF  THE  DEPARTMENT  AND PURSUANT TO PROTOCOLS
ADOPTED BY THE DEPARTMENT,
  (I) PROVIDED THAT:
  (A) THE PERSON WHO IS THE  SOURCE  OF  THE  OCCUPATIONAL  EXPOSURE  IS
DECEASED,  COMATOSE OR IS DETERMINED BY HIS OR HER ATTENDING HEALTH CARE
PROFESSIONAL TO LACK MENTAL CAPACITY TO CONSENT TO AN HIV  RELATED  TEST
AND IS NOT REASONABLY EXPECTED TO RECOVER IN TIME FOR THE EXPOSED PERSON
TO  RECEIVE  APPROPRIATE MEDICAL TREATMENT, AS DETERMINED BY THE EXPOSED
PERSON'S ATTENDING HEALTH CARE PROFESSIONAL WHO WOULD ORDER  OR  PROVIDE
SUCH TREATMENT;
  (B) THERE IS NO PERSON AVAILABLE OR REASONABLY LIKELY TO BECOME AVAIL-
ABLE  WHO  HAS THE LEGAL AUTHORITY TO CONSENT TO THE HIV RELATED TEST ON
BEHALF OF THE SOURCE PERSON IN TIME FOR THE EXPOSED  PERSON  TO  RECEIVE
APPROPRIATE MEDICAL TREATMENT; AND
  (C)  THE  EXPOSED  PERSON WILL BENEFIT MEDICALLY BY KNOWING THE SOURCE
PERSON'S HIV TEST RESULTS, AS DETERMINED BY THE EXPOSED PERSON'S  HEALTH
CARE PROFESSIONAL AND DOCUMENTED IN THE EXPOSED PERSON'S MEDICAL RECORD;
  (II) IN WHICH CASE
  (A) A PROVIDER SHALL ORDER AN ANONYMOUS HIV TEST OF THE SOURCE PERSON;
AND
  (B)  THE  RESULTS  OF SUCH ANONYMOUS TEST, BUT NOT THE IDENTITY OF THE
SOURCE PERSON, SHALL BE DISCLOSED ONLY  TO  THE  ATTENDING  HEALTH  CARE
PROFESSIONAL  OF  THE EXPOSED PERSON SOLELY FOR THE PURPOSE OF ASSISTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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