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This entry was published on 2014-09-22
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SECTION 11-C
Medical examination of volunteer firefighters to detect and identify the human immunodeficiency virus (HIV)
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 2
* § 11-c. Medical examination of volunteer firefighters to detect and
identify the human immunodeficiency virus (HIV). 1. Whenever a volunteer
firefighter has been exposed to a significant risk of transmission of
the human immunodeficiency virus (HIV) while performing services in the
line of duty, the executive officer of the fire company of which the
volunteer firefighter is a member shall authorize such volunteer
firefighter to obtain an appropriate medical examination to determine if
such volunteer firefighter has been exposed to or infected with the
human immunodeficiency virus (HIV). Such medical examination of a
volunteer firefighter shall be authorized within eight hours of
notification to the executive officer of the fire company of which such
volunteer firefighter is a member of an incident that has created an
exposure risk to the volunteer firefighter.

2. Should it be determined by the examining physician or other
attending health care worker that a significant risk of transmission has
occurred, or should any medical examination conclude that a volunteer
firefighter has been exposed to or infected with human immunodeficiency
virus (HIV), then such volunteer firefighter shall be offered counseling
and additional testing, as appropriate and consistent with treatment
guidelines issued by the commissioner of health. Such counseling may
include a discussion of the risk of the transmission of the human
immunodeficiency virus (HIV) from the exposure the volunteer firefighter
may have experienced and the spectrum of tests commercially available
for the prompt and reliable diagnosis of such infection. Information
from any such medical examination of a volunteer firefighter shall be
confidential information pursuant to article twenty-seven-F of the
public health law and shall not be made available to the fire company
without the written authorization of the affected volunteer firefighter.

3. Payment for medical examinations, additional testing, treatment
services, counseling services, and any other additional services
provided pursuant to this section shall be a covered benefit under this
chapter.

4. For the purposes of this section, the term "significant risk of
transmission" means the alleged conduct or actions taken by a victim or
patient or any other action, situation or event that occurs while a
volunteer firefighter is performing services in the line of duty that
has created a recognized and significant risk of infection of a
volunteer firefighter with the human immunodeficiency virus (HIV), as
determined by the commissioner of health, consistent with guidelines,
protocols, and findings of the United States centers for disease control
and prevention.

5. For purposes of this section, the term "medical examination"
includes a physical examination or test performed by a physician or
other appropriate health care worker to determine if a volunteer
firefighter has been exposed to or infected by the human
immunodeficiency virus (HIV). Tests may include, but not be limited to,
the most accurate, sensitive, and timely tests available used for the
early identification of the human immunodeficiency virus (HIV).

6. The commissioner of health shall issue guidelines to facilitate the
identification of circumstances potentially exposing a volunteer
firefighter to a significant risk of transmission of the human
immunodeficiency virus (HIV). Such guidelines shall be consistent with
criteria accepted by the federal centers for disease control and
prevention. Such guidelines shall also provide information regarding
related counseling and testing procedures available to such individuals.

7. Any information gathered pursuant to the provisions of this section
which is deemed confidential under any other provision of law shall be
treated in a confidential manner.

* NB There are 2 § 11-c's