New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter A - Medical Facilities-minimum Standards
Article 1 - General
Part 400 - All Facilities-General Requirements
Section 400.20 - HIV infection control
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 400.20
Current through Register Vol. 46, No. 39, September 25, 2024
(a) All facilities regulated under this article shall:
(1) implement and enforce a program for the
prevention of circumstances which could result in an employee or patient/client
becoming exposed to significant risk body substances which could put them at
significant risk of HIV infection during the provision of services, as defined
in sections
63.1 and
63.9 of this Title. Such a program
shall include:
(i) use of scientifically
accepted protective barries during job-related activities which involve, or may
involve, exposure to significant risk body substances. Such preventive action
shall be taken by the employee with each patient/client as an essential element
for the prevention of bidirectional spread of HIV;
(ii) use of scientifically accepted
preventive practices during job-related activities which involve the use of
contaminated instruments or equipment which may cause puncture
injuries;
(iii) training at the
time of employment and yearly staff development programs on the use of
protective equipment, preventive practices, and circumstances which represent a
significant risk for all employees whose job-related tasks involve, or may
involve, exposure to significant risk body substances;
(iv) provision of personal protective
equipment for employees which is appropriate to the tasks being performed;
and
(v) a system for monitoring
preventive programs to assure compliance and safety;
(2) implement and enforce a policy/procedure
for the management of individuals who are exposed to significant risk body
substances under circumstances which constitute significant risk of
transmitting or contracting HIV infection. The policy/procedure shall include:
(i) a system for reporting to a designated
individual in the facility exposure thought to be a circumstance which
constitutes significant risk of transmitting or contracting HIV
infection;
(ii) evaluation of the
circumstances of a reporting exposure and services for providing follow-up of
the exposed individual which includes:
(a)
medical and epidemiological assessment of the individual who is the source of
the exposure, where that individual is known and available;
(b) if indicated epidemiologically, HIV
counseling and voluntary testing of the source individual. Disclosure of the
HIV status of the source individual can be made with the express written
consent of the protected individual, or a person authorized pursuant to law to
consent to health care for the protected individual if such person lacks
capacity to consent, or pursuant to court order, if the HIV status is not known
to the exposed individual;
(c)
appropriate medical follow-up of the exposed individual;
(iii) assurances for protection of
confidentiality for those involved in reported exposures.
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