New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter I - General Provisions
Part 7 - Aids Confidentiality
Section 7.10 - Training and protection of persons who may be in contact with the human immunodeficiency virus (hiv)
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 7.10
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The department will seek to protect individuals in contact with protected individuals, when such contact creates a significant risk of contracting or transmitting HIV infection.
(b) The following procedures will be adopted to protect employees:
(1) Employees will be instructed to use
universal precautions and infection control equipment in accordance with the
Centers for Disease Control in situations where there is actual or potential
contact with significant risk body substances as defined in section
7.9(b)
of this Part.
(2) Employees shall
use generally accepted preventive practices during job-related activities which
involve the use of contaminated instruments or equipment which may cause
puncture injuries.
(3) Employees
shall receive education at the time of employment and appropriate intervals
thereafter 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.
(c) Employees may voluntarily report exposures thought to represent a circumstance for significant risk to facility health services personnel or the Deputy Commissioner/Director of Correctional Medical Standards. The circumstances of the reported exposure shall be evaluated and appropriate follow-up of the exposed individual shall be offered, including the following:
(1) medical and epidemiological assessment of
the individual who is the source of the exposure, where that individual is
known and available;
(2) if
epidemiologically indicated, HIV counseling and referral for voluntary testing
of the exposed individual. If the HIV status is not known to the exposed
individual, disclosure can be made with the express written consent of the
protected individual, or pursuant to court order, or a person authorized by law
to consent to health care for the protected individual if such person lacks
capacity to consent;
(3)
appropriate medical follow-up of the exposed individual;
(4) assurances for protection of
confidentiality for those involved in reported exposures;
(5) at any time that testing or other
activity is considered pursuant to this section, both the source individual and
the exposed individual shall, in addition to any other notices, receive and
sign a notice that no one can be compelled to disclose information concerning
an HIV test or HIV-related illness, nor can anyone be compelled to submit to an
HIV-related test absent a court order or unless otherwise specifically
authorized under State or Federal law;
(6) no person may retaliate against any
individual by reason or his or her refusal to submit to testing or to
disclosing confidential HIV-related information.
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