§ 2785-a. Court order for HIV related testing in certain cases. 1.\nNotwithstanding any contrary provision of law or regulation, a state,\ncounty or local public health officer to whom an order or a consent for\nan HIV test is addressed or sent, in accordance with section 390.15 of\nthe criminal procedure law or section 347.1 of the family court act,\nmust cause HIV related testing to be administered to the subject named\ntherein and, if the test is pursuant to court order, must immediately\nprovide to the court that issued the order a written report specifying\nthe date on which such test was completed. Such report to the court\nshall not, however, disclose the results of such test. Such officer must\ndisclose the results of the testing to the victim indicated in the order\nor consent a
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§ 2785-a. Court order for HIV related testing in certain cases. 1.\nNotwithstanding any contrary provision of law or regulation, a state,\ncounty or local public health officer to whom an order or a consent for\nan HIV test is addressed or sent, in accordance with section 390.15 of\nthe criminal procedure law or section 347.1 of the family court act,\nmust cause HIV related testing to be administered to the subject named\ntherein and, if the test is pursuant to court order, must immediately\nprovide to the court that issued the order a written report specifying\nthe date on which such test was completed. Such report to the court\nshall not, however, disclose the results of such test. Such officer must\ndisclose the results of the testing to the victim indicated in the order\nor consent and must also disclose the results to the person tested,\nunless the person tested has been asked to but declines to authorize\nsuch disclosure to himself or herself.\n 2. At the time of communicating the test results to the subject or the\nvictim, such public health officer shall directly provide the victim and\nperson tested with (a) counseling or referrals for counseling for the\npurposes specified in subdivision five of section two thousand seven\nhundred eighty-one of this article; (b) counseling with regard to HIV\ndisease and HIV testing in accordance with law and consistent with\nsubdivision five of section two thousand seven hundred eighty-one of\nthis article; and (c) appropriate health care and support services, or\nreferrals to such available services. If at the time of communicating\nthe test results, the person tested is in the custody of the department\nof corrections and community supervision, office of children and family\nservices, office of mental health or a local correctional institution,\nthe counseling and services required by this subdivision may be provided\nby a public health officer associated with the county or facility within\nwhich the person tested is confined.\n 3. Unless inconsistent with this section, the provisions of this\narticle regarding the confidentiality and disclosure of HIV related\ninformation shall apply to proceedings conducted pursuant to section\n390.15 of the criminal procedure law or section 347.1 of the family\ncourt act.\n