S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3195
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M.  of  A. FITZPATRICK, FINCH, McKEVITT, KOLB, HAWLEY --
         Multi-Sponsored by -- M.   of A.  CORWIN,  CROUCH  --  read  once  and
         referred to the Committee on Health
       AN  ACT to amend the public health law, in relation to requiring notifi-
         cation to peace officers and other paid or volunteer emergency person-
         nel of exposure to HIV infected persons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  2313 to read as follows:
    3    S 2313. NOTIFICATION TO PEACE OFFICERS, FIREFIGHTERS, AMBULANCE  WORK-
    4  ERS AND OTHERS OF EXPOSURE TO THE HUMAN IMMUNODEFICIENCY VIRUS (HIV). 1.
    5  WHILE  TREATING  OR  TRANSPORTING AN ILL OR INJURED PATIENT TO A MEDICAL
    6  CARE FACILITY OR WHILE ACTING IN THE PERFORMANCE OF  DUTY,  IF  A  PEACE
    7  OFFICER  OR  A  PAID OR VOLUNTEER FIREFIGHTER, EMERGENCY MEDICAL TECHNI-
    8  CIAN, RESCUE SQUADMAN OR AMBULANCE WORKER  COMES  INTO  CONTACT  WITH  A
    9  PATIENT  WHO  HAS THE HUMAN IMMUNODEFICIENCY VIRUS (HIV), AS A RESULT OF
   10  INFORMATION OBTAINED BY THE FACILITY, THE ATTENDING  PHYSICIAN,  MEDICAL
   11  EXAMINER,  A  DESIGNEE  OF  THE  MEDICAL  CARE FACILITY WHO RECEIVES THE
   12  PATIENT, THE CHIEF MEDICAL EXAMINER, OR  THE  CHIEF  MEDICAL  EXAMINER'S
   13  DESIGNEE SHALL NOTIFY SUCH PERSON, AND THE EMPLOYER OR EMPLOYER'S DESIG-
   14  NEE  OF  THE INDIVIDUAL'S POSSIBLE EXPOSURE TO THE CONTAGIOUS DISEASE OR
   15  VIRUS.
   16    2. THE NOTIFICATION REQUIRED UNDER THIS SECTION SHALL:
   17    (A) BE MADE WITHIN FORTY-EIGHT HOURS, OR SOONER,  OF  CONFIRMATION  OF
   18  THE PATIENT'S DIAGNOSIS;
   19    (B)  INCLUDE  SUBSEQUENT  WRITTEN CONFIRMATION OF POSSIBLE EXPOSURE TO
   20  HIV;
   21    (C) BE CONDUCTED IN A MANNER THAT WILL PROTECT THE CONFIDENTIALITY  OF
   22  THE PATIENT; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05788-01-5
       A. 3195                             2
    1    (D) TO THE EXTENT POSSIBLE, BE CONDUCTED IN A MANNER THAT WILL PROTECT
    2  THE CONFIDENTIALITY OF THE PERSON SO EXPOSED.
    3    3.  THE WRITTEN CONFIRMATION REQUIRED UNDER THIS SECTION SHALL CONSTI-
    4  TUTE COMPLIANCE WITH THIS SECTION.
    5    4. EACH MEDICAL CARE FACILITY SHALL DEVELOP WRITTEN PROCEDURES FOR THE
    6  IMPLEMENTATION OF THIS SECTION, AND, UPON REQUEST, MAKE COPIES AVAILABLE
    7  TO THE LOCAL FIRE AUTHORITY, THE LOCAL FIRE AUTHORITY'S DESIGNEE AND THE
    8  LOCAL LAW ENFORCEMENT AUTHORITY OR THE LOCAL LAW ENFORCEMENT AUTHORITY'S
    9  DESIGNEE AND THE PUBLIC AT-LARGE.
   10    5. A MEDICAL CARE FACILITY, PHYSICIAN, CHIEF MEDICAL EXAMINER  OR  THE
   11  CHIEF  MEDICAL  EXAMINER'S  DESIGNEE  ACTING  IN  GOOD  FAITH TO PROVIDE
   12  NOTIFICATION IN ACCORDANCE WITH THIS SECTION SHALL NOT BE LIABLE IN  ANY
   13  CAUSE OF ACTION RELATED TO THE BREACH OF PATIENT CONFIDENTIALITY.
   14    6.  A MEDICAL CARE FACILITY, PHYSICIAN, CHIEF MEDICAL EXAMINER, OR THE
   15  CHIEF MEDICAL EXAMINER'S  DESIGNEE  ACTING  IN  GOOD  FAITH  TO  PROVIDE
   16  NOTIFICATION  IN ACCORDANCE WITH THIS SECTION SHALL NOT BE LIABLE IN ANY
   17  CAUSE OF ACTION FOR:
   18    (A) THE FAILURE TO GIVE THE REQUIRED NOTICE, IF THE PERSON SO  EXPOSED
   19  FAILS  TO PROPERLY INITIATE THE NOTIFICATION PROCEDURES DEVELOPED BY THE
   20  HEALTH CARE FACILITY UNDER THIS SECTION; OR
   21    (B) THE FAILURE OF THE EMPLOYER OR EMPLOYER'S DESIGNEE TO SUBSEQUENTLY
   22  NOTIFY THE PERSON SO EXPOSED OF THE POSSIBLE EXPOSURE TO HIV.
   23    7. AN EXPOSED PERSON SHALL RECEIVE FROM HIS OR HER EMPLOYERS OR  LOCAL
   24  GOVERNMENTAL  BODIES,  AT  THE  EXPENSE OF THE EMPLOYER OR LOCAL GOVERN-
   25  MENTAL BODY, AS PART OF HIS OR HER TRAINING, EDUCATION ON:
   26    (A) (I) THE ROUTES OF TRANSMISSION OF HIV VIRUS; AND  (II) THE  ROUTES
   27  BY WHICH A PERSON MAY BE EXPOSED TO HIV VIRUS; AND
   28    (B)  THE CURRENT CENTERS FOR DISEASE CONTROL GUIDELINES FOR PREVENTING
   29  PREHOSPITAL EXPOSURE TO HIV WHILE RENDERING EMERGENCY MEDICAL CARE.
   30    8. A PEACE OFFICER AND A PAID OR  VOLUNTEER    FIREFIGHTER,  EMERGENCY
   31  MEDICAL  TECHNICIAN OR RESCUE SQUADMAN, SHALL RECEIVE FROM THEIR EMPLOY-
   32  ERS, ASSOCIATIONS, OR LOCAL  GOVERNMENTAL  BODIES,  AT  THE  EMPLOYER'S,
   33  ASSOCIATION'S,  OR  LOCAL  GOVERNMENTAL BODY'S EXPENSE, EQUIPMENT RECOM-
   34  MENDED BY THE CENTERS FOR DISEASE CONTROL TO PROTECT  SUCH  PERSON  FROM
   35  EXPOSURE TO HIV WHILE RENDERING EMERGENCY MEDICAL CARE.
   36    9.  (A)  THE  FIRE  DEPARTMENT,  LAW ENFORCEMENT AGENCY, AND ALL OTHER
   37  AGENCIES OR  ORGANIZATIONS  EMPLOYING  A  PERSON  INCLUDED  WITHIN  THIS
   38  SECTION  SHALL DEVELOP WRITTEN PROCEDURES FOR THE IMPLEMENTATION OF THIS
   39  SECTION.
   40    (B) ON REQUEST, COPIES OF THE PROCEDURES DEVELOPED IN THIS SUBDIVISION
   41  SHALL BE MADE AVAILABLE TO EMPLOYEES, EMPLOYEE UNIONS, VOLUNTEER ASSOCI-
   42  ATIONS, AND THE SECRETARY OF STATE.
   43    10. A PERSON UNDER THIS SECTION MAY NOT REFUSE TO TREAT  OR  TRANSPORT
   44  AN INDIVIDUAL BECAUSE THE INDIVIDUAL IS HIV POSITIVE.
   45    S  2.  This  act shall take effect on the ninetieth day after it shall
   46  have become a law.