§ 11-C — Medical examination of volunteer ambulance workers to detect and identify the human immunodeficiency virus (HIV)

New York § 11-C

• Jurisdiction: New York
• Law VAW: Volunteer Ambulance Workers' Benefit
• Art. 2: Coverage and Benefits

Text

§ 11-c. Medical examination of volunteer ambulance workers to detect\nand identify the human immunodeficiency virus (HIV). 1. Whenever a\nvolunteer ambulance worker has been exposed to a significant risk of\ntransmission of the human immunodeficiency virus (HIV) while performing\nservices in the line of duty, the executive officer of the ambulance\ncompany of which the volunteer ambulance worker is a member shall\nauthorize such volunteer ambulance worker to obtain an appropriate\nmedical examination to determine if such volunteer ambulance worker has\nbeen exposed to or infected with the human immunodeficiency virus (HIV).\nSuch medical examination of a volunteer ambulance worker shall be\nauthorized within eight hours of notification to the executive officer\nof the ambulance company of which such volunteer ambulance worker is a\nmember of an incident that has created an exposure risk to the volunteer\nambulance worker.\n 2. 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 volunteer\nambulance worker has been exposed to or infected with human\nimmunodeficiency virus (HIV), then such volunteer ambulance worker shall\nbe offered counseling and additional testing, as appropriate and\nconsistent with treatment guidelines issued by the commissioner of\nhealth. Such counseling may include a discussion of the risk of the\ntransmission of the human immunodeficiency virus (HIV) from the exposure\nthe volunteer ambulance worker may have experienced and the spectrum of\ntests commercially available for the prompt and reliable diagnosis of\nsuch infection. Information from any such medical examination of a\nvolunteer ambulance worker shall be confidential information pursuant to\narticle twenty-seven-F of the public health law and shall not be made\navailable to the ambulance company without the written authorization of\nthe affected volunteer ambulance worker.\n 3. Payment for medical examinations, additional testing, treatment\nservices, counseling services, and any other additional services\nprovided pursuant to this section shall be a covered benefit under this\nchapter.\n 4. For the purposes of this section, the term "significant risk of\ntransmission" means the alleged conduct or actions taken by a victim or\npatient or any other action, situation or event that occurs while a\nvolunteer ambulance worker is performing services in the line of duty\nthat has created a recognized and significant risk of infection of a\nvolunteer ambulance worker with the human immunodeficiency virus (HIV),\nas determined by the commissioner of health, consistent with guidelines,\nprotocols, and findings of the United States centers for disease control\nand prevention.\n 5. For purposes of this section, the term "medical examination"\nincludes a physical examination or test performed by a physician or\nother appropriate health care worker to determine if a volunteer\nambulance worker has been exposed to or infected by the human\nimmunodeficiency virus (HIV). Tests may include, but not be limited to,\nthe most accurate, sensitive, and timely tests available used for the\nearly identification of the human immunodeficiency virus (HIV).\n 6. The commissioner of health shall issue guidelines to facilitate the\nidentification of circumstances potentially exposing a volunteer\nambulance worker to a significant risk of transmission of the human\nimmunodeficiency virus (HIV). Such guidelines shall be consistent with\ncriteria 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 7. Any information gathered pursuant to the provisions of this section\nwhich is deemed confidential under any other provision of law shall be\ntreated in a confidential manner.\n