NY State Senate Bill 2009-S4616

Senate Bill S4616

2009-2010 Legislative Session

Provides for payment of salary and medical expenses for police officers exposed to HIV in the course of their duties; provides for HIV testing of the exposing person

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Apr 24, 2009	referred to local government

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2009-S4616 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §207-c, Gen Muni L; add §169-a, Exec L

2009-S4616 (ACTIVE) - Summary

Provides that exposure of a police officer (including corrections officers) to significant risk of HIV infection in the course of the performance of his or her duties is presumptive evidence that any HIV illness resulting was so incurred; any police officer so contracting HIV illness to be paid his or her salary and medical expenses; authorizes public health officers to test the person exposing the police officer to the risk for HIV; applies to all police and peace officers employed by the state or a political subdivision of the state.

2009-S4616 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4616

 TITLE OF BILL :
An act to amend the general municipal law and the executive law, in
relation to payment of salary, wages, medical and hospital expenses of
police officers exposed in the performance of duties to a significant
risk of infection with the human immunodeficiency virus


 PURPOSE :
This bill establishes a presumption that a police officer who
contracts the human immunodeficiency virus (HIV) after an on-the-job
exposure and later develops an HIV related illness was exposed in the
line of duty; requires municipal employers to pay for any necessary
medical treatments for such police officers; and establishes
procedures for the ordering by a public health officer of confidential
HIV testing of the source of any exposure creating a significant risk
of transmitting the virus.

 SUMMARY OF PROVISIONS :
A new subdivision 7 is added to section 207-c of the General
Municipalities Law (GML). Paragraph (a) establishes definitions of
terms used in the subdivision, which are consistent with those used in
the Public Health Law. "Policeman" is defined to include all of the
job titles listed in GML section 207-c(1), which includes"... any
sheriff, undersheriff, deputy sheriff or corrections officer of the

sheriffs department of any court..or any member of a police force of
any county, city of less than one million population, town or village,
or of any district, agency, board body, or commission thereof, or a
detective-investigator employed in the office of a district attorney
of a county not contained within a city with a population of over one
million persons..."

In addition, solely for the purposes of subdivision 7, police officers
and district attorney's investigators in a city of over 1,000,000 are
included within the definition of "policeman."

Paragraph (b) establishes a presumption that the exposure of a police
officer to a significant risk of HIV infection in the performance of
official duties will be presumptive evidence that any HIV related
illness contracted by such officer was incurred in the performance and
discharge of duty, unless the contrary is proved by competent
evidence.

Paragraph (c) provides that any such police officer will be continued
by the municipal employer at full salary and benefits for any period
of disability arising from an HIV related illness, and will also be
reimbursed for all necessary medical treatment and hospital care.

Paragraph (d) establishes procedures for a police officer or a
municipal employer to request a determination from the appropriate
state or local health officer on whether the circumstances of an
exposure to the blood or body fluids of another person indicates a
significant risk of HIV transmission, in accordance with regulations
recently adopted by the Commissioner of Health. If indicated, the
health officer is authorized to determine whether the blood or body
fluids contain evidence of HIV infection.

The preferred approach to making this determination is to seek the
consent of the individual to whose blood or body fluids the police
officer has been exposed - however, if such individual refuses to
consent to testing, the public health officer is empowered to order
such individual to submit to HIV testing. Under current law, failure
to comply with a lawful order of a public health officer is a
misdemeanor.

Paragraph (e) provides for disclosure of any information on an
individual's HIV status by the public health officer only to the
extent necessary to fulfill the purposes of subdivision 7, and also
provides that any such disclosures shall be governed by all of the
provisions of Article 27-F of the Public Health Law, which ensures the
confidentiality of such information.

A new section 169-a is added to the executive law to extend the above
provisions to any police officer or peace officer employed by the
state.

 EFFECTS ON PRESENT LAW :
Currently, although a police officer is generally entitled to medical
benefits for injuries and illnesses incurred in the performance of
official duties, there is no statutory procedure for determining
whether an HIV related illness might have resulted from the
performance of such duties. This bill would establish such a procedure
and thereby clarify the law in this area.

 JUSTIFICATION :
Under current law, there is no procedure to determine if a police
officer who has had a significant exposure to HIV -infected blood or
body fluids in performing official duties, and who subsequently
contracts an HIV related illness, has incurred such illness in the
performance of official duties and is therefore eligible to the
benefits already provided for under section 207-c.

In addition, new state laws on AIDS/HIV confidentiality have created a
situation where a police officer who is exposed to the blood or body
fluids of another, in a manner which suggests a significant risk of
HIV transmission, e.g., a needle stick, is unable to find out whether
he or she was exposed, contains evidence of HIV infection.

For example, earlier this year a transit police officer in New York
City was struck with a hypodermic needle while examining the jacket of
a suspect he was arresting. Despite the risk of contracting an HIV
infection under such circumstances, the officer was unable to get
information on the HIV status of the suspect, even through a court
order. In the end, the suspect would agree to submit to a blood test
only in return for a favorable plea bargaining deal. This case was
decried by many observers, including civil libertarians, who felt that
state policies in favor of confidentiality of HIV information were
being abused.  This bill would prevent this recurrence of this
problem.

 FISCAL IMPLICATION :
To the extent that police officers which contract HIV infection in the
performance of their official duties are currently being denied
medical benefits by a municipal employer, this bill would require
additional expenditures by such employers or their health insurance
plans, which mayor may not entail an increase in the premiums paid by
such employers. It might also entail minor increases in the budgets of
the State Health Department and local health departments to carry out
their responsibilities under the bill.

 LEGISLATIVE HISTORY :
1991-08 Referred to Committee on Local Government

 EFFECTIVE DATE :
This bill shall take effect the sixtieth day after becoming law.

2009-S4616 (ACTIVE) - Bill Text download pdf

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

                                  4616

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sens. ONORATO, HASSELL-THOMPSON, C. JOHNSON, KLEIN, PARK-
  ER, SAMPSON, SAVINO, STAVISKY -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Local Government

AN  ACT  to  amend  the  general municipal law and the executive law, in
  relation to payment of salary, wages, medical and hospital expenses of
  police officers exposed in the performance of duties to a  significant
  risk of infection with the human immunodeficiency virus

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

  Section 1. Section 207-c of the general municipal law  is  amended  by
adding a new subdivision 7 to read as follows:
  7. A. AS USED IN THIS SUBDIVISION:
  (1)  "HIV  INFECTION"  MEANS INFECTION WITH THE HUMAN IMMUNODEFICIENCY
VIRUS OR ANY OTHER RELATED VIRUS  IDENTIFIED  AS  A  PROBABLE  CAUSATIVE
AGENT OF ACQUIRED IMMUNE DEFICIENCY SYNDROME.
  (2)  "HIV  RELATED  ILLNESS" MEANS ANY ILLNESS THAT MAY RESULT FROM OR
MAY BE ASSOCIATED WITH HIV INFECTION.
  (3) "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDI-
VISION ONE OF THIS SECTION; PROVIDED, HOWEVER, THAT SUCH TERM SHALL ALSO
INCLUDE ANY POLICE OFFICER OR PEACE OFFICER OF ANY POLITICAL SUBDIVISION
OF THE STATE, OR ANY DETECTIVE-INVESTIGATOR EMPLOYED IN THE OFFICE OF  A
DISTRICT ATTORNEY OF A COUNTY CONTAINED WITHIN SUCH A CITY.
  (4)  "PUBLIC  HEALTH  OFFICER" MEANS THE STATE OR LOCAL HEALTH OFFICER
HAVING JURISDICTION, PURSUANT TO THE PUBLIC HEALTH LAW, OVER  THE  POLI-
TICAL SUBDIVISION EMPLOYING A POLICE OFFICER.
  B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR ADMINISTRATIVE CODE TO THE CONTRARY, THE EXPOSURE OF A POLICE OFFICER
TO A SIGNIFICANT RISK OF INFECTION WITH THE HUMAN IMMUNODEFICIENCY VIRUS
IN  THE  PERFORMANCE  OF HIS OR HER DUTIES SHALL BE PRESUMPTIVE EVIDENCE
THAT ANY HIV RELATED ILLNESS CONTRACTED BY SUCH OFFICER AFTER SUCH EXPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03752-01-9

S. 4616                             2

SURE WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY,  UNLESS  THE
CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  C.  ANY  POLICE  OFFICER  WHO  CONTRACTS AN HIV RELATED ILLNESS IN THE
PERFORMANCE OF HIS OR HER DUTIES SHALL BE PAID BY THE POLITICAL SUBDIVI-
SION BY WHICH HE OR SHE IS EMPLOYED THE FULL AMOUNT OF HIS OR HER  REGU-
LAR  SALARY  AND WAGES UNTIL HIS OR HER DISABILITY ARISING THEREFROM HAS
CEASED, AND, IN ADDITION, SUCH POLITICAL SUBDIVISION SHALL BE LIABLE FOR
ALL MEDICAL TREATMENT AND HOSPITAL CARE NECESSITATED BY REASON  OF  SUCH
ILLNESS.
  D.  UPON  THE  REQUEST OF A POLICE OFFICER WHO HAS BEEN EXPOSED TO THE
BLOOD OR OTHER BODY FLUIDS OF ANOTHER PERSON, OR OF THE POLITICAL SUBDI-
VISION EMPLOYING SUCH A POLICE OFFICER, THE PUBLIC HEALTH OFFICER  SHALL
DETERMINE  WHETHER  OR NOT THE CIRCUMSTANCES OF EXPOSURE INDICATE THAT A
SIGNIFICANT RISK  HAS  BEEN  CREATED,  IN  ACCORDANCE  WITH  REGULATIONS
PROMULGATED BY THE COMMISSIONER OF HEALTH TO IDENTIFY SUCH CIRCUMSTANCES
PURSUANT TO SECTION TWENTY-SEVEN HUNDRED EIGHTY-SIX OF THE PUBLIC HEALTH
LAW.  IF  THE CIRCUMSTANCES SO INDICATE, THE PUBLIC HEALTH OFFICER SHALL
DETERMINE WHETHER SUCH BLOOD OR OTHER BODY FLUID  CONTAINS  HIV  OR  ANY
ANTIBODY OR ANTIGEN THERETO, IN THE FOLLOWING MANNER:
  (1)  IF  THE  IDENTITY OF THE PERSON TO WHOSE BLOOD OR BODY FLUIDS THE
POLICE OFFICER WAS EXPOSED IS KNOWN, THE  PUBLIC  HEALTH  OFFICER  SHALL
SEEK  DISCLOSURE OF CONFIDENTIAL HIV RELATED INFORMATION CONCERNING SUCH
PERSON FROM SUCH PERSON, A PERSON AUTHORIZED BY LAW TO CONSENT TO HEALTH
CARE FOR SUCH PERSON, OR ANY OTHER  PERSON  LAWFULLY  IN  POSSESSION  OF
CONFIDENTIAL HIV RELATED INFORMATION CONCERNING SUCH PERSON.
  (2)  IF,  AFTER  DILIGENT  EFFORTS,  THE  PUBLIC HEALTH OFFICER CANNOT
DETERMINE THE IDENTITY OF THE PERSON TO WHOSE BLOOD OR BODY  FLUIDS  THE
POLICE OFFICER WAS EXPOSED, OR SUCH PERSON, IF KNOWN, CANNOT BE LOCATED,
OR  IF  SUCH  PERSON IS DECEASED, THE PUBLIC HEALTH OFFICER MAY ORDER AN
HIV RELATED TEST ON ANY BLOOD OR BODY FLUIDS OF SUCH PERSON, OR ANY ITEM
CONTAMINATED WITH SUCH BLOOD OR BODY FLUIDS, IN HIS OR HER POSSESSION.
  (3) IF THE PERSON TO WHOSE BLOOD OR BODY FLUIDS THE POLICE OFFICER WAS
EXPOSED HAS NOT PREVIOUSLY BEEN THE SUBJECT OF AN HIV RELATED TEST,  THE
PUBLIC  HEALTH  OFFICER SHALL REQUEST THAT SUCH PERSON CONSENT TO SUCH A
TEST PURSUANT TO SECTION TWENTY-SEVEN HUNDRED EIGHTY-ONE OF  THE  PUBLIC
HEALTH  LAW.    IF  SUCH  PERSON  REFUSES TO CONSENT TO SUCH A TEST, THE
PUBLIC HEALTH OFFICER MAY ORDER SUCH PERSON TO SUBMIT TO AN HIV  RELATED
TEST.  VIOLATION OF SUCH AN ORDER BY A PUBLIC HEALTH OFFICER PURSUANT TO
THIS  SUBDIVISION  SHALL  BE PUNISHABLE AS PROVIDED IN THE PUBLIC HEALTH
LAW.
  E. THE PUBLIC HEALTH  OFFICER  SHALL  DISCLOSE  ANY  CONFIDENTIAL  HIV
RELATED  INFORMATION  RECEIVED,  AND  ANY  RESULTS  OF HIV RELATED TESTS
PERFORMED PURSUANT TO THIS SECTION, ONLY TO THE EXTENT THAT SUCH DISCLO-
SURE IS NECESSARY TO FULFILL THE PURPOSES  OF  THIS  SECTION.  ANY  SUCH
DISCLOSURE  SHALL  BE GOVERNED BY ALL OF THE PROVISIONS OF ARTICLE TWEN-
TY-SEVEN-F OF THE PUBLIC HEALTH LAW FOR THE COMMUNICATION OF THE RESULTS
OF HIV RELATED TESTS, AND FOR THE PROTECTION OF THE  CONFIDENTIALITY  OF
SUCH INFORMATION.
  S  2.  The  executive  law is amended by adding a new section 169-a to
read as follows:
  S 169-A. POLICE OFFICERS EXPOSED TO HIV. A. AS USED IN THIS SECTION:
  (1) "HIV INFECTION" MEANS INFECTION WITH  THE  HUMAN  IMMUNODEFICIENCY
VIRUS  OR  ANY  OTHER  RELATED  VIRUS IDENTIFIED AS A PROBABLE CAUSATIVE
AGENT OF ACQUIRED IMMUNE DEFICIENCY SYNDROME.
  (2) "HIV RELATED ILLNESS" MEANS ANY ILLNESS THAT MAY  RESULT  FROM  OR
MAY BE ASSOCIATED WITH HIV INFECTION.

S. 4616                             3

  (3)  "POLICE  OFFICER"  MEANS  ANY  POLICE  OFFICER  OR  PEACE OFFICER
EMPLOYED BY THE STATE.
  (4)  "PUBLIC  HEALTH  OFFICER" MEANS THE STATE OR LOCAL HEALTH OFFICER
HAVING JURISDICTION, PURSUANT TO THE PUBLIC HEALTH LAW, OVER THE  AGENCY
EMPLOYING A POLICE OFFICER.
  B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR ADMINISTRATIVE CODE TO THE CONTRARY, THE EXPOSURE OF A POLICE OFFICER
TO A SIGNIFICANT RISK OF INFECTION WITH THE HUMAN IMMUNODEFICIENCY VIRUS
IN  THE  PERFORMANCE  OF HIS OR HER DUTIES SHALL BE PRESUMPTIVE EVIDENCE
THAT ANY HIV RELATED ILLNESS CONTRACTED BY SUCH OFFICER AFTER SUCH EXPO-
SURE WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY,  UNLESS  THE
CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  C.  ANY  POLICE  OFFICER  WHO  CONTRACTS AN HIV RELATED ILLNESS IN THE
PERFORMANCE OF HIS OR HER DUTIES SHALL BE PAID BY  THE  STATE  THE  FULL
AMOUNT OF HIS OR HER REGULAR SALARY AND WAGES UNTIL HIS OR HER DISABILI-
TY  ARISING  THEREFROM  HAS CEASED, AND, IN ADDITION, THE STATE SHALL BE
LIABLE FOR ALL MEDICAL  TREATMENT  AND  HOSPITAL  CARE  NECESSITATED  BY
REASON OF SUCH ILLNESS.
  D.  UPON  THE  REQUEST OF A POLICE OFFICER WHO HAS BEEN EXPOSED TO THE
BLOOD OR OTHER BODY FLUIDS OF ANOTHER  PERSON,  OR  OF  THE  STATE,  THE
PUBLIC  HEALTH  OFFICER SHALL DETERMINE WHETHER OR NOT THE CIRCUMSTANCES
OF EXPOSURE INDICATE THAT  A  SIGNIFICANT  RISK  HAS  BEEN  CREATED,  IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH TO
IDENTIFY  SUCH  CIRCUMSTANCES  PURSUANT  TO SECTION TWENTY-SEVEN HUNDRED
EIGHTY-SIX OF THE PUBLIC HEALTH LAW. IF THE CIRCUMSTANCES  SO  INDICATE,
THE  PUBLIC  HEALTH  OFFICER SHALL DETERMINE WHETHER SUCH BLOOD OR OTHER
BODY FLUID CONTAINS HIV OR ANY  ANTIBODY  OR  ANTIGEN  THERETO,  IN  THE
FOLLOWING MANNER:
  (1)  IF  THE  IDENTITY OF THE PERSON TO WHOSE BLOOD OR BODY FLUIDS THE
POLICE OFFICER WAS EXPOSED IS KNOWN, THE  PUBLIC  HEALTH  OFFICER  SHALL
SEEK  DISCLOSURE OF CONFIDENTIAL HIV RELATED INFORMATION CONCERNING SUCH
PERSON FROM SUCH PERSON, A PERSON AUTHORIZED BY LAW TO CONSENT TO HEALTH
CARE FOR SUCH PERSON, OR ANY OTHER  PERSON  LAWFULLY  IN  POSSESSION  OF
CONFIDENTIAL HIV RELATED INFORMATION CONCERNING SUCH PERSON.
  (2)  IF,  AFTER  DILIGENT  EFFORTS,  THE  PUBLIC HEALTH OFFICER CANNOT
DETERMINE THE IDENTITY OF THE PERSON TO WHOSE BLOOD OR BODY  FLUIDS  THE
POLICE OFFICER WAS EXPOSED, OR SUCH PERSON, IF KNOWN, CANNOT BE LOCATED,
OR  IF  SUCH  PERSON IS DECEASED, THE PUBLIC HEALTH OFFICER MAY ORDER AN
HIV RELATED TEST ON ANY BLOOD OR BODY FLUIDS OF SUCH PERSON, OR ANY ITEM
CONTAMINATED WITH SUCH BLOOD OR BODY FLUIDS, IN HIS OR HER POSSESSION.
  (3) IF THE PERSON TO WHOSE BLOOD OR BODY FLUIDS THE POLICE OFFICER WAS
EXPOSED HAS NOT PREVIOUSLY BEEN THE SUBJECT OF AN HIV RELATED TEST,  THE
PUBLIC  HEALTH  OFFICER SHALL REQUEST THAT SUCH PERSON CONSENT TO SUCH A
TEST PURSUANT TO SECTION TWENTY-SEVEN HUNDRED EIGHTY-ONE OF  THE  PUBLIC
HEALTH  LAW.    IF  SUCH  PERSON  REFUSES TO CONSENT TO SUCH A TEST, THE
PUBLIC HEALTH OFFICER MAY ORDER SUCH PERSON TO SUBMIT TO AN HIV  RELATED
TEST.  VIOLATION OF SUCH AN ORDER BY A PUBLIC HEALTH OFFICER PURSUANT TO
THIS  SUBDIVISION  SHALL  BE PUNISHABLE AS PROVIDED IN THE PUBLIC HEALTH
LAW.
  E. THE PUBLIC HEALTH  OFFICER  SHALL  DISCLOSE  ANY  CONFIDENTIAL  HIV
RELATED  INFORMATION  RECEIVED,  AND  ANY  RESULTS  OF HIV RELATED TESTS
PERFORMED PURSUANT TO THIS SECTION, ONLY TO THE EXTENT THAT SUCH DISCLO-
SURE IS NECESSARY TO FULFILL THE PURPOSES  OF  THIS  SECTION.  ANY  SUCH
DISCLOSURE  SHALL  BE GOVERNED BY ALL OF THE PROVISIONS OF ARTICLE TWEN-
TY-SEVEN-F OF THE PUBLIC HEALTH LAW FOR THE COMMUNICATION OF THE RESULTS

S. 4616                             4

OF HIV RELATED TESTS, AND FOR THE PROTECTION OF THE  CONFIDENTIALITY  OF
SUCH INFORMATION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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