§ 178 — Medical examination of public protection officials to detect and identify the human immunodeficiency virus (HIV)

§ 178. Medical examination of public protection officials to detect\nand identify the human immunodeficiency virus (HIV). 1. Definitions. For\nthe purposes of this section:\n (a) "Assailant" means a person arrested and charged with a crime, as\ndefined in section 10.00 of the penal law, or a person committed to,\ncertified to, or placed in the custody of the department of corrections\nand community supervision or any other correctional facility or county\njail.\n (b) "Medical examination" includes a physical examination or test\nperformed by a physician or other appropriate health care worker to\ndetermine if a public protection official has been exposed to or\ninfected by the human immunodeficiency virus (HIV). Tests may include,\nbut need not be limited to, the most accurate, sensitive, and timely\ntests available used for the early identification of the human\nimmunodeficiency virus (HIV).\n (c) "Public protection official" means any state, county or municipal\npolice officer, peace officer, firefighter, emergency medical\ntechnician, corrections officer, or sheriff who is acting under the\nscope of authority of his or her official position.\n (d) "Significant risk of transmission" means the alleged conduct of or\nactions taken by an assailant or any other action, situation or event\nthat occurs while a public protection official is performing his or her\nofficial duties that has created a recognized and significant risk of\ninfection of a public protection official with the human\nimmunodeficiency virus (HIV), as determined by the commissioner of\nhealth, consistent with guidelines, protocols, and findings of the\nUnited States centers for disease control and prevention.\n 2. Examination of public protection officials. (a) Whenever a public\nprotection official has been exposed to a significant risk of\ntransmission of the human immunodeficiency virus (HIV) while performing\nhis or her official duties, the employer of such official shall provide\nto such public protection official an appropriate medical examination to\ndetermine if such official has been exposed to or infected with the\nhuman immunodeficiency virus (HIV). Such medical examination of a public\nprotection official should be provided within eight hours of\nnotification to the employer or designated agent of the employer of an\nincident that has created an exposure risk to the official.\n (b) Should it be determined by the examining physician or other\nattending health care worker that a significant risk of transmission has\noccurred, or should any medical examination conclude that a public\nprotection official has been exposed to or infected with the human\nimmunodeficiency virus (HIV), then such official shall be offered\ncounseling and additional testing, as appropriate and consistent with\ntreatment guidelines issued by the commissioner of health. Such\ncounseling may include a discussion of the risk of the transmission of\nthe human immunodeficiency virus (HIV) from the exposure he or she may\nhave experienced and the spectrum of tests commercially available for\nthe prompt and reliable diagnosis of such infection. Information from\nany such medical examination of a public protection official shall be\nconfidential information pursuant to article twenty-seven-F of the\npublic health law and shall not be made available to the employer\nwithout the written authorization of the affected public protection\nofficial.\n 3. Payment for medical examinations. Payment for medical examinations,\nadditional testing, treatment services, counseling services, and any\nother additional services provided pursuant to subdivision two of this\nsection shall be covered by subdivision three of section ten of the\nworkers' compensation law; provided that any employer which is not\nrequired to and does not provide coverage pursuant to subdivision three\nof section ten of the workers' compensation law may finance such\npayments for all of the foregoing services provided for by this section\nfrom municipal funding sources, including, but not limited to, employee\naccident and disability benefit programs, workers' compensation funds,\nhealth insurance benefits, accident and disability retirement plans, or\nany other source of funds that the municipal employer deems appropriate.\n 4. Guidelines. The commissioner of health shall issue guidelines to\nfacilitate the identification of circumstances potentially exposing a\npublic protection official to a significant risk of transmission of the\nhuman immunodeficiency virus (HIV). Such guidelines shall be consistent\nwith criteria accepted by the federal centers for disease control and\nprevention. Such guidelines shall also provide information regarding\nrelated counseling and testing procedures available to such individuals.\n 5. Confidentiality. Any information gathered pursuant to the\nprovisions of this article which is deemed confidential under any other\nprovision of law shall be treated in a confidential manner and shall not\nbe distributed, be made available or be disclosed by the employer.\n