S T A T E O F N E W Y O R K
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2518
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
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Introduced by M. of A. FITZPATRICK, FINCH, CALHOUN, KOLB -- Multi-Spon-
sored by -- M. of A. McKEVITT -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting health
care professionals who are HIV positive from engaging in any activity
which has a significant risk of transmission of the infection to any
patients; and to repeal article 27-DD of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27-DD of the public health law is REPEALED.
S 2. The public health law is amended by adding a new section 2782-a
to read as follows:
S 2782-A. PROHIBITION OF INFECTED HEALTH CARE PROFESSIONALS. 1. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
A. "HEALTH CARE PROFESSIONAL" MEANS ANY PHYSICIAN, DENTIST, OPTOME-
TRIST, NURSE, LAB TECHNICIAN, ANESTHETIST, EMERGENCY MEDICAL PERSONNEL,
DENTAL HYGIENIST OR OTHER HEALTH CARE PROFESSIONAL WHO HAS PHYSICAL
CONTACT WITH PATIENTS DURING THE COURSE OF THEIR PROFESSIONAL ACTIV-
ITIES.
B. "INVASIVE MEDICAL PROCEDURE" MEANS ANY PROCEDURE REQUIRING A SKIN
OR MUCUS MEMBRANE INCISION PERFORMED BY A SURGEON IN AN OPERATING ROOM,
ANY DENTAL PROCEDURE PERFORMED BY A DENTIST OR ORAL SURGEON WHICH
PREDICTABLY RESULTS IN PATIENT BLEEDING, AND ANY OTHER PROCEDURE IN
WHICH THERE IS SIGNIFICANT RISK OF PATIENT CONTACT WITH BLOOD, OR BODY
FLUID, OF A HEALTH CARE PROFESSIONAL, SUCH AS, BUT NOT LIMITED TO, BLOOD
TRANSFUSION AND BLOOD TESTING.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY HEALTH CARE PROFES-
SIONAL WHO HAS TESTED POSITIVE OR WHO HAS BEEN DIAGNOSED AS HAVING HIV
INFECTION, AIDS, OR HIV-RELATED ILLNESS SHALL REPORT AND PROMPTLY
DISCLOSE TO THE COMMISSIONER SAID DIAGNOSIS AND HEALTH STATUS IN A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03027-01-1
A. 2518 2
MANNER AND FORM TO BE PRESCRIBED BY THE COMMISSIONER. FAILURE TO SO
REPORT AND DISCLOSE SHALL CONSTITUTE GROUNDS FOR REVOCATION OF SAID
HEALTH CARE PROFESSIONAL'S LICENSE.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY HEALTH CARE PROFES-
SIONAL WHO HAS TESTED POSITIVE, OR WHO HAS BEEN DIAGNOSED AS HAVING HIV
INFECTION, AIDS, OR HIV-RELATED ILLNESS SHALL ABSTAIN FROM PERFORMING
INVASIVE PROCEDURES WHICH POSE A SIGNIFICANT RISK OF TRANSMISSION AND
SHALL RESTRICT HIS OR HER NORMAL PROFESSIONAL ACTIVITIES TO THOSE ACTIV-
ITIES THAT POSE NO SIGNIFICANT RISK TO ANY PATIENT, UNLESS PRIOR TO
PERFORMING AN INVASIVE MEDICAL PROCEDURE, THE HIV-INFECTED HEALTH CARE
PROFESSIONAL DISCLOSES HIS OR HER SERO-POSITIVE STATUS AND PROCEEDS ONLY
IF THERE IS WRITTEN INFORMED CONSENT FROM THE PATIENT IN A MANNER AND
FORM TO BE PRESCRIBED BY THE COMMISSIONER.
4. ANY REPORT TO THE COMMISSIONER MADE PURSUANT TO HIS REVIEW OF
HEALTH CARE PROFESSIONALS WHO ARE HIV POSITIVE, PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, AND ALL RECORDS OF EXAMINATIONS OF SUCH MEDICAL
PROFESSIONALS SHALL NOT BE OPEN TO INSPECTION BY ANY PERSON OTHER THAN
THE HEALTH AUTHORITIES OF THE STATE AND OF THE LOCAL HEALTH DISTRICT,
AND SAID HEALTH AUTHORITIES SHALL NOT PERMIT ANY SUCH REPORT OR RECORD
TO BE DIVULGED SO AS TO DISCLOSE THE IDENTITY OF THE PERSON TO WHOM IT
RELATES.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of health is
authorized immediately to promulgate any and all rules and regulations
necessary to the timely implementation of this act.