New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter V - Regulations Of The Department Of Civil Service (president's Regulations)
Part 83 - Confidentiality Of Hiv And Aids Related Information
Section 83.7 - Protection of others at significant risk of infection
Universal Citation: 4 NY Comp Codes Rules and Regs ยง 83.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The department shall implement and enforce a plan for the prevention of circumstances which could result in an employee or individual becoming exposed to blood or body fluids. Such a plan shall include:
(1) training for appropriate
persons on the use of protective equipment, preventive practices, and
circumstances that constitute significant risk exposure;
(2) appropriate training, counseling and
supervision of persons regarding behaviors which pose a risk for HIV
transmission at the work site. Contact notification, when appropriate, shall be
conducted in accordance with Public Health Law, section
2782(4) and
10 NYCRR 63.7;
(3) use of accepted protective practices to
prevent skin and mucous membrane exposure to blood, other body fluids, or other
significant risk body substances, as defined in 10 NYCRR 63.9(b);
(4) the use of accepted preventive practices
while handling instruments or equipment that may cause puncture injuries;
and
(5) the provision, as
appropriate, of personal protective equipment which is of appropriate quality
and quantity.
(b) The department shall implement and enforce a plan for responding to incidents of exposure at the employee's work site to blood, other body fluids or other significant risk body substances. Such program shall include:
(1) a system for receiving voluntary reports
of all exposures thought to represent a circumstance for significant
risk;
(2) availability of services
for evaluating the circumstances of such a reported exposure and providing
appropriate follow-up of anyone who has been exposed, which includes:
(i) medical and epidemiological assessment of
an employee or individual who is the source of the exposure, where that source
is known, available and agrees to be tested;
(ii) if epidemiologically indicated, HIV
counseling and testing of the source as permitted under article 27-F of the
Public Health Law. Where the HIV status is not known to anyone who has been
exposed, disclosure of the HIV status of a living person can be made only with
the express written consent of the source or pursuant to court order;
and
(iii) appropriate medical
follow-up of employees and individuals who have been exposed; and
(3) assurances for protection of
confidentiality for those involved in reported exposures.
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