S T A T E O F N E W Y O R K
________________________________________________________________________
2795
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. FITZPATRICK, FINCH, BALL, McKEVITT, KOLB, WALKER
-- Multi-Sponsored by -- M. of A. CORWIN, CROUCH -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring notifi-
cation to peace officers and other paid or volunteer emergency person-
nel of exposure to HIV infected persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2313 to read as follows:
S 2313. NOTIFICATION TO PEACE OFFICERS, FIREFIGHTERS, AMBULANCE WORK-
ERS AND OTHERS OF EXPOSURE TO THE HUMAN IMMUNODEFICIENCY VIRUS (HIV). 1.
WHILE TREATING OR TRANSPORTING AN ILL OR INJURED PATIENT TO A MEDICAL
CARE FACILITY OR WHILE ACTING IN THE PERFORMANCE OF DUTY, IF A PEACE
OFFICER OR A PAID OR VOLUNTEER FIREFIGHTER, EMERGENCY MEDICAL TECHNI-
CIAN, RESCUE SQUADMAN OR AMBULANCE WORKER COMES INTO CONTACT WITH A
PATIENT WHO HAS THE HUMAN IMMUNODEFICIENCY VIRUS (HIV), AS A RESULT OF
INFORMATION OBTAINED BY THE FACILITY, THE ATTENDING PHYSICIAN, MEDICAL
EXAMINER, A DESIGNEE OF THE MEDICAL CARE FACILITY WHO RECEIVES THE
PATIENT, THE CHIEF MEDICAL EXAMINER, OR THE CHIEF MEDICAL EXAMINER'S
DESIGNEE SHALL NOTIFY SUCH PERSON, AND THE EMPLOYER OR EMPLOYER'S DESIG-
NEE OF THE INDIVIDUAL'S POSSIBLE EXPOSURE TO THE CONTAGIOUS DISEASE OR
VIRUS.
2. THE NOTIFICATION REQUIRED UNDER THIS SECTION SHALL:
(A) BE MADE WITHIN FORTY-EIGHT HOURS, OR SOONER, OF CONFIRMATION OF
THE PATIENT'S DIAGNOSIS;
(B) INCLUDE SUBSEQUENT WRITTEN CONFIRMATION OF POSSIBLE EXPOSURE TO
HIV;
(C) BE CONDUCTED IN A MANNER THAT WILL PROTECT THE CONFIDENTIALITY OF
THE PATIENT; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02983-01-9
A. 2795 2
(D) TO THE EXTENT POSSIBLE, BE CONDUCTED IN A MANNER THAT WILL PROTECT
THE CONFIDENTIALITY OF THE PERSON SO EXPOSED.
3. THE WRITTEN CONFIRMATION REQUIRED UNDER THIS SECTION SHALL CONSTI-
TUTE COMPLIANCE WITH THIS SECTION.
4. EACH MEDICAL CARE FACILITY SHALL DEVELOP WRITTEN PROCEDURES FOR THE
IMPLEMENTATION OF THIS SECTION, AND, UPON REQUEST, MAKE COPIES AVAILABLE
TO THE LOCAL FIRE AUTHORITY, THE LOCAL FIRE AUTHORITY'S DESIGNEE AND THE
LOCAL LAW ENFORCEMENT AUTHORITY OR THE LOCAL LAW ENFORCEMENT AUTHORITY'S
DESIGNEE AND THE PUBLIC AT-LARGE.
5. A MEDICAL CARE FACILITY, PHYSICIAN, CHIEF MEDICAL EXAMINER OR THE
CHIEF MEDICAL EXAMINER'S DESIGNEE ACTING IN GOOD FAITH TO PROVIDE
NOTIFICATION IN ACCORDANCE WITH THIS SECTION SHALL NOT BE LIABLE IN ANY
CAUSE OF ACTION RELATED TO THE BREACH OF PATIENT CONFIDENTIALITY.
6. A MEDICAL CARE FACILITY, PHYSICIAN, CHIEF MEDICAL EXAMINER, OR THE
CHIEF MEDICAL EXAMINER'S DESIGNEE ACTING IN GOOD FAITH TO PROVIDE
NOTIFICATION IN ACCORDANCE WITH THIS SECTION SHALL NOT BE LIABLE IN ANY
CAUSE OF ACTION FOR:
(A) THE FAILURE TO GIVE THE REQUIRED NOTICE, IF THE PERSON SO EXPOSED
FAILS TO PROPERLY INITIATE THE NOTIFICATION PROCEDURES DEVELOPED BY THE
HEALTH CARE FACILITY UNDER THIS SECTION; OR
(B) THE FAILURE OF THE EMPLOYER OR EMPLOYER'S DESIGNEE TO SUBSEQUENTLY
NOTIFY THE PERSON SO EXPOSED OF THE POSSIBLE EXPOSURE TO HIV.
7. AN EXPOSED PERSON SHALL RECEIVE FROM HIS OR HER EMPLOYERS OR LOCAL
GOVERNMENTAL BODIES, AT THE EXPENSE OF THE EMPLOYER OR LOCAL GOVERN-
MENTAL BODY, AS PART OF HIS OR HER TRAINING, EDUCATION ON:
(A) (I) THE ROUTES OF TRANSMISSION OF HIV VIRUS; AND (II) THE ROUTES
BY WHICH A PERSON MAY BE EXPOSED TO HIV VIRUS; AND
(B) THE CURRENT CENTERS FOR DISEASE CONTROL GUIDELINES FOR PREVENTING
PREHOSPITAL EXPOSURE TO HIV WHILE RENDERING EMERGENCY MEDICAL CARE.
8. A PEACE OFFICER AND A PAID OR VOLUNTEER FIREFIGHTER, EMERGENCY
MEDICAL TECHNICIAN OR RESCUE SQUADMAN, SHALL RECEIVE FROM THEIR EMPLOY-
ERS, ASSOCIATIONS, OR LOCAL GOVERNMENTAL BODIES, AT THE EMPLOYER'S,
ASSOCIATION'S, OR LOCAL GOVERNMENTAL BODY'S EXPENSE, EQUIPMENT RECOM-
MENDED BY THE CENTERS FOR DISEASE CONTROL TO PROTECT SUCH PERSON FROM
EXPOSURE TO HIV WHILE RENDERING EMERGENCY MEDICAL CARE.
9. (A) THE FIRE DEPARTMENT, LAW ENFORCEMENT AGENCY, AND ALL OTHER
AGENCIES OR ORGANIZATIONS EMPLOYING A PERSON INCLUDED WITHIN THIS
SECTION SHALL DEVELOP WRITTEN PROCEDURES FOR THE IMPLEMENTATION OF THIS
SECTION.
(B) ON REQUEST, COPIES OF THE PROCEDURES DEVELOPED IN THIS SUBDIVISION
SHALL BE MADE AVAILABLE TO EMPLOYEES, EMPLOYEE UNIONS, VOLUNTEER ASSOCI-
ATIONS, AND THE SECRETARY OF STATE.
10. A PERSON UNDER THIS SECTION MAY NOT REFUSE TO TREAT OR TRANSPORT
AN INDIVIDUAL BECAUSE THE INDIVIDUAL IS HIV POSITIVE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.