N.Y. Comp. Codes R. & Regs. Tit. 10 § 400.20 - HIV infection control
(a) All
facilities regulated under this article shall:
(1) implement and enforce a program for the
prevention of circumstances which could result in an employee or patient/client
becoming exposed to significant risk body substances which could put them at
significant risk of HIV infection during the provision of services, as defined in
sections
63.1 and
63.9
of this Title. Such a program shall include:
(i) use of scientifically accepted protective
barries during job-related activities which involve, or may involve, exposure to
significant risk body substances. Such preventive action shall be taken by the
employee with each patient/client as an essential element for the prevention of
bidirectional spread of HIV;
(ii) use
of scientifically accepted preventive practices during job-related activities
which involve the use of contaminated instruments or equipment which may cause
puncture injuries;
(iii) training at
the time of employment and yearly staff development programs on the use of
protective equipment, preventive practices, and circumstances which represent a
significant risk for all employees whose job-related tasks involve, or may
involve, exposure to significant risk body substances;
(iv) provision of personal protective equipment
for employees which is appropriate to the tasks being performed; and
(v) a system for monitoring preventive programs
to assure compliance and safety;
(2) implement and enforce a policy/procedure
for the management of individuals who are exposed to significant risk body
substances under circumstances which constitute significant risk of transmitting
or contracting HIV infection. The policy/procedure shall include:
(i) a system for reporting to a designated
individual in the facility exposure thought to be a circumstance which
constitutes significant risk of transmitting or contracting HIV
infection;
(ii) evaluation of the
circumstances of a reporting exposure and services for providing follow-up of the
exposed individual which includes:
(a) medical
and epidemiological assessment of the individual who is the source of the
exposure, where that individual is known and available;
(b) if indicated epidemiologically, HIV
counseling and voluntary testing of the source individual. Disclosure of the HIV
status of the source individual can be made with the express written consent of
the protected individual, or a person authorized pursuant to law to consent to
health care for the protected individual if such person lacks capacity to
consent, or pursuant to court order, if the HIV status is not known to the
exposed individual;
(c) appropriate
medical follow-up of the exposed individual;
(iii) assurances for protection of
confidentiality for those involved in reported exposures.
Notes
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No prior version found.