New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 505 - Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids)
Section 505.6 - Hiv-related testing
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 505.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Except as noted in paragraph (b)(2) of this section, no physician or other person authorized pursuant to law may order an HIV-related test without obtaining written informed consent.
(1) Informed consent
shall consist of providing to the person to be tested or, if such person lacks
capacity to consent, to the person lawfully authorized to consent to health
care for such person:
(i) explanations
regarding the nature of HIV infection and HIV-related illness, the accuracy of
the HIV-related test, the significance and benefits of the test and its
result;
(ii) information regarding
discrimination problems which might occur as a result of unauthorized
disclosure of HIV-related information and legal protections prohibiting such
disclosures;
(iii) information on
preventing exposure or transmission of HIV infection, including behavior which
poses a risk of HIV transmission; and
(iv) information on the availability of
anonymous HIV testing, including the location and telephone numbers of
anonymous test sites, except that anonymous testing is not available to persons
proposed for insurance coverage.
(b)
(1)
Written informed consent must be executed on a form developed by the Department
of Health or on another approved specifically by the Office of Mental
Health.
(2) Informed consent is not
required in the following situations:
(i) for
court-ordered testing pursuant to Civil Practice Law and Rules, section
3121;
(ii) if otherwise authorized
or required by State or Federal law;
(iii) for testing related to procuring,
processing, distributing or use of a human body or human body part, including
organs, tissues, eyes, bones, arteries, blood, semen or other body fluids for
use in medical research or therapy, or for transplantation to persons, provided
that if the test results are communicated to the tested person, post-test
counseling is required;
(iv) for
research if the testing is performed in a manner by which the identity of the
test subject is not known and may not be retrieved by the researcher;
and
(v) for testing of a deceased
person to determine cause of death or for epidemiological purposes.
(c) Post-test counseling, and referrals with respect to a positive or negative test result, shall be provided to the person who consented to the test. Such post-test counseling and referrals must address:
(1)
coping emotionally with the test results;
(2) discrimination issues;
(3) information on the ability to release or
revoke the release of confidential HIV-related information;
(4) information on preventing exposure to or
transmission of HIV infection and the availability of medical treatment;
and
(5) the need to notify contacts
to prevent transmission, including information on State or county assistance in
voluntary contact notification, if appropriate.
(d) A physician or other person authorized pursuant to law to order an HIV-related test shall certify on a laboratory requisition form that written informed consent has been obtained.
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