S T A T E O F N E W Y O R K
________________________________________________________________________
2068
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK,
MILLER -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to department of
health review of policies and practices in facilities operated by the
department of correctional services, and in local correctional facili-
ties regarding human immunodeficiency virus and acquired immunodefici-
ency syndrome
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 206 of the public health law is amended by adding a
new subdivision 26 to read as follows:
26. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO REVIEW ANY
POLICY OR PRACTICE INSTITUTED IN FACILITIES OPERATED BY THE DEPARTMENT
OF CORRECTIONAL SERVICES, AND IN ALL LOCAL CORRECTIONAL FACILITIES, AS
DEFINED IN ARTICLE ONE OF THE CORRECTION LAW, REGARDING HUMAN IMMUNODE-
FICIENCY VIRUS (HIV) OR ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS),
INCLUDING THE PREVENTION OF THE TRANSMISSION OF HIV AND THE TREATMENT OF
AIDS AND HIV AMONG INMATES. SUCH REVIEW SHALL BE PERFORMED ANNUALLY AND
SHALL FOCUS ON WHETHER SUCH HIV OR AIDS POLICY OR PRACTICE IS CONSISTENT
WITH CURRENT, GENERALLY ACCEPTED MEDICAL STANDARDS AND PROCEDURES USED
TO PREVENT THE TRANSMISSION OF HIV AND TO TREAT AIDS AND HIV AMONG THE
GENERAL PUBLIC. IN PERFORMING SUCH REVIEWS, IN ORDER TO DETERMINE THE
QUALITY AND ADEQUACY OF CARE AND TREATMENT PROVIDED, DEPARTMENT PERSON-
NEL ARE AUTHORIZED TO ENTER CORRECTIONAL FACILITIES AND INSPECT POLICY
AND PROCEDURE MANUALS AND MEDICAL PROTOCOLS, INTERVIEW HEALTH SERVICES
PROVIDERS AND INMATE-PATIENTS, REVIEW MEDICAL GRIEVANCES, AND INSPECT A
REPRESENTATIVE SAMPLE OF MEDICAL RECORDS OF INMATES KNOWN TO BE INFECTED
WITH HIV OR HAVE AIDS. PRIOR TO INITIATING A REVIEW OF A CORRECTIONAL
SYSTEM, THE COMMISSIONER SHALL INFORM THE PUBLIC, INCLUDING PATIENTS,
THEIR FAMILIES AND PATIENT ADVOCATES, OF THE SCHEDULED REVIEW AND INVITE
THEM TO PROVIDE THE COMMISSIONER WITH RELEVANT INFORMATION. UPON THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00355-02-9
A. 2068 2
COMPLETION OF SUCH REVIEW, THE DEPARTMENT SHALL, IN WRITING, APPROVE
SUCH POLICY OR PRACTICE AS INSTITUTED IN FACILITIES OPERATED BY THE
DEPARTMENT OF CORRECTIONAL SERVICES, AND IN ANY LOCAL CORRECTIONAL
FACILITY, OR, BASED ON SPECIFIC, WRITTEN RECOMMENDATIONS, DIRECT THE
DEPARTMENT OF CORRECTIONAL SERVICES, OR THE AUTHORITY RESPONSIBLE FOR
THE PROVISION OF MEDICAL CARE TO INMATES IN LOCAL CORRECTIONAL FACILI-
TIES TO PREPARE AND IMPLEMENT A CORRECTIVE PLAN TO ADDRESS DEFICIENCIES
IN AREAS WHERE SUCH POLICY OR PRACTICE FAILS TO CONFORM TO CURRENT,
GENERALLY ACCEPTED MEDICAL STANDARDS AND PROCEDURES. THE COMMISSIONER
SHALL MONITOR THE IMPLEMENTATION OF SUCH CORRECTIVE PLANS AND SHALL
CONDUCT SUCH FURTHER REVIEWS AS THE COMMISSIONER DEEMS NECESSARY TO
ENSURE THAT IDENTIFIED DEFICIENCIES IN HIV AND AIDS POLICIES AND PRAC-
TICES ARE CORRECTED. ALL WRITTEN REPORTS PERTAINING TO REVIEWS PROVIDED
FOR IN THIS SUBDIVISION SHALL BE MAINTAINED, UNDER SUCH CONDITIONS AS
THE COMMISSIONER SHALL PRESCRIBE, AS PUBLIC INFORMATION AVAILABLE FOR
PUBLIC INSPECTION.
S 2. This act shall take effect immediately.