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 164.5 - Prevention of discrimination and abuse

Universal Citation: 9 NY Comp Codes Rules and Regs § 164.5

Current through Register Vol. 46, No. 12, March 20, 2024

(a) No youth will be subjected to discrimination because that youth is or is thought to be HIV infected. All youth shall be appropriately served by programs operated by the division according to the needs of the youth.

(b) The division shall provide training and/or training opportunities to all direct care personnel in facilities, foster care and group homes, which shall include, at a minimum:

(1) initial employee and annual in-service training regarding the symptoms, causes and transmission of HIV and universal infection control procedures; and

(2) initial employee training and annual in-service training regarding legal prohibitions against unauthorized disclosure of confidential HIV-related information.

(c) A list of all employees and Division for Youth foster parents who have had such training shall be maintained by the division together with a list of those employees and Division for Youth foster parents authorized to access confidential HIV-related information. Such lists shall be updated annually.

(d) The Division for Youth shall establish and promulgate policies ensuring:

(1) maintenance of records containing confidential HIV-related information in a secure manner, limiting access to only those individuals permitted access pursuant to section 164.7 of this Part; and

(2) procedures for handling requests by other parties for confidential HIV-related information.

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