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 505.8 - Protection of others at significant risk of infection

Universal Citation: 14 NY Comp Codes Rules and Regs § 505.8

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Staff and patient protection. Since medical history and examination cannot reliably identify all patients infected with HIV or other blood-borne pathogens, blood and body fluid precautions shall be consistently used for all patients. This approach, referred to as "universal blood and body fluid precautions" or "universal precautions," shall be used in the care of all patients, particularly including those in emergency care settings in which the risk of blood exposure is increased and the infection status of the patient is usually unknown.

(b) Facilities and programs shall abide by any additional administrative guidelines regarding protective barriers or procedures as may be required by the Office of Mental Health.

(c) Staff will evaluate and educate individuals and utilize clinically appropriate methods to reduce the risk of HIV transmission through sexual contact.

(d) Each facility operated or certified by the Office of Mental Health shall:

(1) Implement and enforce a plan for the prevention of circumstances which could result in an employee or individual becoming exposed to blood or bodily fluids which could put the individual at risk for HIV infection, during the provision of services. Such a plan shall include:

(i) use of generally accepted protective barriers during the job-related activities which involve, or may involve, exposure to blood or body fluids. Such preventive action shall be taken by the employee with each client and shall constitute an essential element for the prevention of bi-directional spread of HIV;

(ii) use of generally 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 risk for all employees whose job-related tasks involve, or may involve, exposure to blood or body fluids;

(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 plan for the management of individuals who are exposed to blood or body fluids. The plan shall include:

(i) a system for voluntary reporting of all exposures thought to represent a circumstance for significant risk; and

(ii) availability of services for evaluating the circumstances of a reported exposure and providing appropriate 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 epidemiologically indicated, HIV counseling and testing of the source individual as permitted under Public Health Law, article 27-F. Where the HIV status is not known to the exposed individual, disclosure can be made only with the express written consent of the protected individual or pursuant to court order; and

(iii) assurances for protection of confidentiality for those involved in reported exposures.

(3) The plans prepared pursuant to section 505.7(b)(1) and (2) of this Part shall be subject to the approval of the Office of Mental Health.

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