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Rules and regulations for Forms and Reports for HIV Testing and Information – N.Y. Pub. Health Law § 2786

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The commissioner must (1) establish regulations to implement the HIV and Aids laws contained in Article 27-F; (2) create informed consent forms for HIV testing and the release of HIV information; and (3) create pre-test and post-test counseling material. Providers may use their own informed consent forms so long as they are “consistent” with the forms created by the commissioner.


State agencies that have authorization to obtain confidential HIV information must establish regulations that (1) protect individuals from discrimination and abuse; (2) prohibit improper disclosure; (3) protect contacts of the protected individual if their contact creates a risk of HIV transmission; and (4) identify circumstances where it is “reasonably necessary” for providers and government employees to obtain confidential HIV information for program monitoring, investigation, and administration. 


Current as of June 2015