![]() |
New York Codes Rules Regulations (Last Updated: March 27,2024) |
![]() |
TITLE 4. Department of Civil Service |
![]() |
Chapter V. Regulations of the Department of Civil Service (President's Regulations) |
![]() |
Part 83. Confidentiality of HIV and AIDS Related Information |
Sec. 83.7. Protection of others at significant risk of infection
Latest version.
- (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.