New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle CC - Division of Parole
Part 8011 - Confidentiality Of Hiv- And Aids-related Information
Section 8011.8 - Protecting contacts when there is a significant risk of contracting or transmitting HIV infection

(1) Employees will be instructed to use universal precautions in situations where there is the potential for exchange of significant risk body substances as defined by the Department of Heath and in section 8011.2(o) of this Part.

(2) Appropriate protective clothing and equipment will be kept at an identified location at each work site.

(3) Each work site is to develop its own protocol, which is to be posted in areas accessible to all employees, for obtaining medical assistance for emergency situations.

(4) In the event of a work related potential exposure reported to the division (e.g., a needle stick), an employee involved in the potential exposure is to be referred to the employee health service for counseling and appropriate medical treatment.

(5) The division will promulgate risk reduction guidelines specific to the parole context and will ensure that all employees receive a copy of the guidelines and training with respect to the guidelines.

(1) The families and/or individuals with whom a post-release residence is proposed, of all releasees, will be provided with information which will enable such individuals to make informed decisions regarding behavior that may limit the risk of contracting or transmitting AIDS. Such information will be made available to the families, or persons with whom a residence is proposed, of all releasees, regardless of the division's knowledge of the releasee's HIV status, and recipients of information will be advised that information packets are being provided to all families, regardless of a particular releasee's HIV status. Such information will consist of literature available to the division for distribution, whether of a general informational nature, or specifically tailored to the parole context.

(2) All releasees will be counseled to behave in ways that minimize the risk of contracting or transmitting HIV infection. Those releasees known to have a confirmed diagnosis of AIDS, HIV-related illness or HIV infection will be counseled with a view to encourage them to inform their families, or persons with whom a residence is proposed, and any contacts as defined in section 8011.2(l) of this Part, of their HIV status for the purposes of limiting infection. A releasee who has told parole staff that he or she plans to notify a contact will also be encouraged to execute a release of confidential HIV-related information permitting disclosure to contact(s) so that authorized employees of the division may participate in any discussions with the protected individual and his or her contacts that may occur in the course of parole supervision and that may involve confidential HIV-related information.

(3) In the event that a releasee known to have a confirmed diagnosis of AIDS, HIV-related illness or HIV infection has been counseled in accordance with paragraph (2) of this subdivision, and the releasee refuses to execute a consent for release of confidential HIV-related information to contacts, and the parole officer or other employee providing treatment or parole services has an articulable factual basis for believing that there is a known contact at significant risk of contracting HIV infection from the releasee and that the releasee will not inform the said contact of the releasee's HIV status, then the parole officer may, in accordance with policies and procedures of the division, request that an application be made for a court order permitting disclosure of confidential HIV-related information pursuant to Public Health Law, section 2785.