N.Y. Comp. Codes R. & Regs. tit. 4 § 83.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 83.7 - Protection of others at significant risk of infection

(a) The department shall implement and enforce a plan for the prevention of circumstances which could result in an employee or individual becoming exposed to blood or body fluids. Such a plan shall include:

(1) training for appropriate persons on the use of protective equipment, preventive practices, and circumstances that constitute significant risk exposure;

(2) appropriate training, counseling and supervision of persons regarding behaviors which pose a risk for HIV transmission at the work site. Contact notification, when appropriate, shall be conducted in accordance with Public Health Law, section 2782(4) and 10 NYCRR 63.7;

(3) use of accepted protective practices to prevent skin and mucous membrane exposure to blood, other body fluids, or other significant risk body substances, as defined in 10 NYCRR 63.9(b);

(4) the use of accepted preventive practices while handling instruments or equipment that may cause puncture injuries; and

(5) the provision, as appropriate, of personal protective equipment which is of appropriate quality and quantity.

(b) The department shall implement and enforce a plan for responding to incidents of exposure at the employee's work site to blood, other body fluids or other significant risk body substances. Such program shall include:

(1) a system for receiving voluntary reports of all exposures thought to represent a circumstance for significant risk;

(2) availability of services for evaluating the circumstances of such a reported exposure and providing appropriate follow-up of anyone who has been exposed, which includes:

(i) medical and epidemiological assessment of an employee or individual who is the source of the exposure, where that source is known, available and agrees to be tested;

(ii) if epidemiologically indicated, HIV counseling and testing of the source as permitted under article 27-F of the Public Health Law. Where the HIV status is not known to anyone who has been exposed, disclosure of the HIV status of a living person can be made only with the express written consent of the source or pursuant to court order; and

(iii) appropriate medical follow-up of employees and individuals who have been exposed; and

(3) assurances for protection of confidentiality for those involved in reported exposures.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 83.7