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 164.6 - Hiv-related testing
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 164.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as noted in paragraph (b)(2) of this section, no physician or other person authorized pursuant to law may order an HIV-related test without obtaining written informed consent.
(1)
Informed consent shall consist of providing to the youth to be tested or, if
such youth lacks capacity to consent, as defined in section
164.4(d)
of this Part to the person lawfully authorized to consent to health care for
such person, pretesting counseling that includes:
(i) explanations regarding the nature of HIV
infection and HIV-related illness, benefits of the test and its results, an
explanation of the HIV-related test and results, the accuracy of the
HIV-related test, the significance and benefits of the test and its result; and
the benefits of taking the test, including early diagnosis and medical
intervention;
(ii) information
regarding discrimination problems which might occur as a result of unauthorized
disclosure of HIV-related information and legal protections prohibiting such
disclosures;
(iii) information on
preventing exposure or transmission of HIV infection, including behavior which
poses a risk of HIV transmission; and
(iv) an explanation that the test is
voluntary and that consent may be withdrawn at any time; information on the
availability of anonymous HIV testing, including the location and telephone
numbers of anonymous test sites.
(b)
(1)
Written informed consent must be executed on a form developed or approved by
the Department of Health, pursuant to that department's regulations found at 10
NYCRR section
63.4(a).
(2) Informed consent is not required in the
following situations:
(i) for court ordered
testing pursuant to Civil Practice Law and Rules, section 3121;
(ii) if otherwise authorized or required by
State or Federal law;
(iii) for
testing related to procuring, processing, distributing or use of human body or
human body part, including organs, tissue, eyes, bones, arteries, blood, semen
or other body fluids for use in medical research or therapy, or for
transplantation to persons, provided that if the test results are communicated
to the tested person, post-test counseling is required;
(iv) for research if the testing is performed
in a manner by which the identity of the test subject is not known and may not
be retrieved by the researcher;
(v)
for testing of a deceased to determine cause of death or for epidemiological
purposes.
(c) Post-testing counseling, and referrals with respect to a positive or negative test result, shall be provided to the person who consented to the test. Such post-test counseling and referrals must address:
(1) coping emotionally with the test
results;
(2) discrimination
issues;
(3) information on the
ability to release or revoke the release of confidential HIV-related
information;
(4) information on
preventing exposure to or transmission of HIV infection and the availability of
medical treatment; and
(5) the need
to notify contacts to prevent transmission, including information on State or
county assistance in voluntary contact notification, if appropriate.
(d) A physician or other person authorized pursuant to law to order an HIV-related test shall certify on a laboratory, requisition form that informed consent has been obtained.
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