New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids)
Section 164.2 - Legal basis

(a) Section 500 of the Executive Law grants the director of the Division for Youth (director) the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction, and to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the rendition of services for youth.

(b) Section 2786 of the Public Health Law requires the director to promulgate regulations which provide safeguards against discrimination, abuse and other adverse actions directed toward protected individuals; provide for the proper disclosure of HIV-related information; protect individuals in contact with protected individuals when such contact creates a significant risk of contracting or transmitting HIV infection and establish criteria for determining when it is reasonably necessary for a provider of a health or social service or a State agency or a local government agency to have or use confidential HIV-related information for supervision, monitoring, investigation or administration.