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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 10. Department of Health |
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Chapter II. Administrative Rules and Regulations |
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Subchapter D. Laboratories |
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Part 58. Clinical Laboratories and Blood Banks |
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Subpart 58-8. Human Immunodeficiency Virus (HIV) Testing |
Sec. 58-8.4. HIV result reporting requirements
Latest version.
- (a) No clinical laboratory shall notify a physician or other person legally authorized to receive the result that an HIV test is positive solely on the basis of HIV antibody screening, except that a clinical laboratory may report a preliminary finding of HIV infection as provided in section 58-1.8 of this Part. Results for specimens found non-reactive by HIV antibody screening may be reported to the physician who ordered the testing or other person legally authorized to receive the result.(b) For HIV diagnostic testing, a report of preliminary finding of HIV infection shall prominently and clearly state that the finding is preliminary, that results of confirmatory testing will follow, and that such confirmatory results must be considered in making a diagnosis related to HIV infection.(c) No blood, tissue or organ donor, or consenting next of kin shall be notified that an HIV test result is positive solely on the basis of HIV antibody screening.