N.Y. Comp. Codes R. & Regs. tit. 14 § 505.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 505.9 - Contact notification

(a) A physician may disclose HIV-related information, without the protected person's consent, to a contact or to a public health officer when:

(1) the physician reasonably believes disclosure is medically appropriate and a significant risk of infection exists; and

(2) the protected person has been counseled to notify the contact and the physician reasonably believes the protected person will not inform the contacts.

(b) The physician must inform the protected person of the physician's intent to disclose. The physician must comply with the protected person's choice of whether the physician or health officer will attempt to notify the contact. All notification shall be in person, except where circumstances reasonably prevent doing so.

(c) The identity of the protected person shall not be disclosed to the contact.

(d) The person notifying the contact shall provide or make a referral for appropriate medical advice and counseling relating to emotional coping and recommended behavior changes.

(e) If a protected person is now deceased and the physician reasonably believes the protected person had not informed his/her contacts and reasonably believes disclosure is medically appropriate and that a significant risk of infection exists, the physician may notify the contact or may request the public health officer to notify the contact. All such notifications shall be in person, except where circumstances reasonably prevent doing so, and the identity of the deceased shall not be disclosed.

(f) A physician shall have no obligation to identify or locate any contact.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 505.9