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

* § 11-c. Medical examination of volunteer firefighters to detect and\nidentify the human immunodeficiency virus (HIV). 1. Whenever a volunteer\nfirefighter has been exposed to a significant risk of transmission of\nthe human immunodeficiency virus (HIV) while performing services in the\nline of duty, the executive officer of the fire company of which the\nvolunteer firefighter is a member shall authorize such volunteer\nfirefighter to obtain an appropriate medical examination to determine if\nsuch volunteer firefighter has been exposed to or infected with the\nhuman immunodeficiency virus (HIV). Such medical examination of a\nvolunteer firefighter shall be authorized within eight hours of\nnotification to the executive officer of the fire company of which such\nvolunteer firefighter is a member of an incident that has created an\nexposure risk to the volunteer firefighter.\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\nfirefighter has been exposed to or infected with human immunodeficiency\nvirus (HIV), then such volunteer firefighter shall be offered counseling\nand additional testing, as appropriate and consistent with treatment\nguidelines issued by the commissioner of health. Such counseling may\ninclude a discussion of the risk of the transmission of the human\nimmunodeficiency virus (HIV) from the exposure the volunteer firefighter\nmay have experienced and the spectrum of tests commercially available\nfor the prompt and reliable diagnosis of such infection. Information\nfrom any such medical examination of a volunteer firefighter shall be\nconfidential information pursuant to article twenty-seven-F of the\npublic health law and shall not be made available to the fire company\nwithout the written authorization of the affected volunteer firefighter.\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 firefighter is performing services in the line of duty that\nhas created a recognized and significant risk of infection of a\nvolunteer firefighter with the human immunodeficiency virus (HIV), as\ndetermined 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\nfirefighter 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\nfirefighter 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 * NB There are 2 § 11-c's\n