N.Y. Comp. Codes R. & Regs. Tit. 7 § 7.6 - Documentation of hiv-related information and disclosures
(a) Confidential HIV-related information
shall be recorded in the inmate's medical record such that it is readily
accessible to provide proper care and treatment.
(1) If the protected individual specifically
requests, on a prospective basis, the results of the HIV antibody testing shall
not be placed in the individual's medical record.
(b) No flags on case folders or charts, lists
on walls or other similar displays shall be used to indicate individuals with
HIV infection. This shall not be construed to prevent the existence of
specialized case loads.
(c)
Confidential HIV-related information shall not be disclosed in response to a
request under the Freedom of Information Law (Public Officers Law, article 6)
or in response to a subpoena.
(d)
The department will ensure that all employees and agents authorized to receive
confidential HIV-related information under these regulations are aware of the
provisions of the HIV and AIDS Related Information Act (Public Health Law,
article 27-F) concerning confidentiality of HIV-related information and the
department's rules regarding confidentiality or records. All authorized
employees and agents of the department shall at all times maintain the
confidentiality of any confidential HIV-related information in their
possession.
(e) Confidential
HIV-related information shall be noted in a certificate of death, autopsy
report or related documents prepared pursuant to Public Health Law, article 41
or other laws relating to documentation of cause of death.
(f) All disclosures of confidential
HIV-related information must be noted in the inmate's medical record, except:
(g) The
protected person shall be informed of disclosures of HIV information upon
request of the protected person.
Notes
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