N.Y. Comp. Codes R. & Regs. tit. 7 § 7.4

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

Section 7.4 - Hiv-related testing

(a) Except as noted in subdivision (b) of this section, no physician or other person authorized pursuant to law may order an HIV-related test without first obtaining written informed consent.

(1) Informed consent shall include providing pre-test counseling to the person to be tested or, if such person lacks capacity to consent, to the person lawfully authorized to consent to health care for such person. Pre-test counseling shall include:

(i) explanations regarding the nature of HIV infection and HIV-related illness, an explanation of the HIV-related test, including a description of the procedure to be followed, meaning of the test result, and the benefits of taking the test, including early diagnosis and medical intervention;

(ii) information regarding discrimination problems which might occur as a result of unauthorized disclosure of HIV-related information and legal protections prohibiting such disclosures;

(iii) information on preventing exposure or transmission of HIV infection, including behavior which poses a risk of HIV transmission;

(iv) an explanation that the test is voluntary, that consent may be withdrawn at any time and information on the availability of anonymous HIV testing, including the location and telephone numbers of anonymous test sites and that anonymous testing is not available in the facilities;

(v) written informed consent must be executed on form HS-1.

(b) Informed consent is not required in the following situations, but pre- and post-test counseling shall be offered in situations described in paragraphs (1) and (2) of this subdivision:

(1) for court ordered testing pursuant to Civil Practice Law and Rules, section 3121;

(2) if otherwise specifically authorized or required by State or Federal law;

(3) for testing related to procuring, processing, distributing or use of a human body or human body part, including organs, tissues, eyes, bones, arteries, blood, semen or other body fluids for use in medical research or therapy, or for transplantation to persons, provided that if the test results are communicated to the tested person, post-test counseling is required;

(4) for research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher;

(5) for testing of a deceased person to determine cause of death or for epidemiological purposes.

(c) In addition to an explanation of the test result, post-test counseling or referrals with respect to a positive test result, shall be provided to the person who consented to the test. Such post-test counseling and referrals must address:

(1) coping emotionally with the test results;

(2) discrimination issues;

(3) information on the ability to release or revoke the release of confidential HIV-related information;

(4) information on preventing exposure to or transmission of HIV infection and information on available medical treatment;

(5) the need to notify contacts to prevent transmission, including information on State or county assistance in voluntary contact notification, if appropriate.

(d) When a negative HIV-related test result is communicated to the individual, counseling shall be offered discussing:

(1) the meaning of and limitation of the test result; and

(2) the means to remain free of infection and means to avoid transmitting the virus.

(e) A physician or other person authorized pursuant to law to order an HIV-related test shall certify on a laboratory requisition form that informed consent has been obtained.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 7.4