§ 2760. Advisory panel established. 1. A state advisory panel for the
evaluation of health care workers with human immunodeficiency virus
(HIV) or hepatitis B (HBV) (hereinafter referred to in this article as
HIV/HBV) is hereby established in the department. This panel shall be
known as the health care worker HIV/HBV advisory panel and shall be
composed of three to five members. The commissioner shall appoint three
members for a term of two years: a state or local public health officer,
an infectious disease expert and an expert in infection control or
epidemiology. For the purpose of the panel's deliberations on a specific
case: (a) the commissioner may appoint a health professional with
expertise relevant to procedures performed by the health care worker,
provided, however, that the commissioner shall appoint such professional
if the health care worker so requests; and (b) the commissioner shall,
at the health care worker's request, appoint the health care worker's
personal physician. The commissioner shall appoint the chairperson of
the panel. A vacancy occurring during a term shall be filled by
appointment by the commissioner for the unexpired term. Any member may
be removed from the panel at the pleasure of the commissioner.

2. Each member of the panel shall receive up to one hundred fifty
dollars as prescribed by the commissioner for each day devoted to panel
work not to exceed forty-five hundred dollars in any one year, and shall
be reimbursed for actual and necessary expenses incurred in the
performance of his/her duties.

3. The department shall advise the panel members of statutory and
regulatory confidentiality provisions and restrictions on disclosure of
information which are applicable to the panel members and to panel
operations.