Sec. 7.6. Documentation of HIV-related information and disclosures

(a) Confidential HIV-related information shall be recorded in the inmate's medical record such that it is readily accessible to provide proper care and treatment.

(1) If the protected individual specifically requests, on a prospective basis, the results of the HIV antibody testing shall not be placed in the individual's medical record.

(b) No flags on case folders or charts, lists on walls or other similar displays shall be used to indicate individuals with HIV infection. This shall not be construed to prevent the existence of specialized case loads.

(c) Confidential HIV-related information shall not be disclosed in response to a request under the Freedom of Information Law (Public Officers Law, article 6) or in response to a subpoena.

(d) The department will ensure that all employees and agents authorized to receive confidential HIV-related information under these regulations are aware of the provisions of the HIV and AIDS Related Information Act (Public Health Law, article 27-F) concerning confidentiality of HIV-related information and the department's rules regarding confidentiality or records. All authorized employees and agents of the department shall at all times maintain the confidentiality of any confidential HIV-related information in their possession.

(e) Confidential HIV-related information shall be noted in a certificate of death, autopsy report or related documents prepared pursuant to Public Health Law, article 41 or other laws relating to documentation of cause of death.

(f) All disclosures of confidential HIV-related information must be noted in the inmate's medical record, except:

(1) Notation is not required for disclosure to agents or employees of health facilities or health care providers authorized under section 7.5(b)(4) or (7) of this Part or for disclosure to physicians or nurses or their clerks authorized under section 7.5(b)(3) of this Part.

(g) The protected person shall be informed of disclosures of HIV information upon request of the protected person.