S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2068

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK,
  MILLER -- read once and referred to the Committee on Health

AN  ACT  to  amend  the  public health law, in relation to department of
  health review of policies and practices in facilities operated by  the
  department of correctional services, and in local correctional facili-
  ties regarding human immunodeficiency virus and acquired immunodefici-
  ency syndrome

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 26 to read as follows:
  26. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO  REVIEW  ANY
POLICY  OR  PRACTICE INSTITUTED IN FACILITIES OPERATED BY THE DEPARTMENT
OF CORRECTIONAL SERVICES, AND IN ALL LOCAL CORRECTIONAL  FACILITIES,  AS
DEFINED  IN ARTICLE ONE OF THE CORRECTION LAW, REGARDING HUMAN IMMUNODE-
FICIENCY VIRUS  (HIV)  OR  ACQUIRED  IMMUNODEFICIENCY  SYNDROME  (AIDS),
INCLUDING THE PREVENTION OF THE TRANSMISSION OF HIV AND THE TREATMENT OF
AIDS  AND HIV AMONG INMATES. SUCH REVIEW SHALL BE PERFORMED ANNUALLY AND
SHALL FOCUS ON WHETHER SUCH HIV OR AIDS POLICY OR PRACTICE IS CONSISTENT
WITH CURRENT, GENERALLY ACCEPTED MEDICAL STANDARDS AND  PROCEDURES  USED
TO  PREVENT  THE TRANSMISSION OF HIV AND TO TREAT AIDS AND HIV AMONG THE
GENERAL PUBLIC. IN PERFORMING SUCH REVIEWS, IN ORDER  TO  DETERMINE  THE
QUALITY  AND ADEQUACY OF CARE AND TREATMENT PROVIDED, DEPARTMENT PERSON-
NEL ARE AUTHORIZED TO ENTER CORRECTIONAL FACILITIES AND  INSPECT  POLICY
AND  PROCEDURE  MANUALS AND MEDICAL PROTOCOLS, INTERVIEW HEALTH SERVICES
PROVIDERS AND INMATE-PATIENTS, REVIEW MEDICAL GRIEVANCES, AND INSPECT  A
REPRESENTATIVE SAMPLE OF MEDICAL RECORDS OF INMATES KNOWN TO BE INFECTED
WITH  HIV  OR  HAVE AIDS. PRIOR TO INITIATING A REVIEW OF A CORRECTIONAL
SYSTEM, THE COMMISSIONER SHALL INFORM THE  PUBLIC,  INCLUDING  PATIENTS,
THEIR FAMILIES AND PATIENT ADVOCATES, OF THE SCHEDULED REVIEW AND INVITE
THEM  TO  PROVIDE  THE  COMMISSIONER WITH RELEVANT INFORMATION. UPON THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00355-02-9
              

A. 2068                             2

COMPLETION OF SUCH REVIEW, THE DEPARTMENT  SHALL,  IN  WRITING,  APPROVE
SUCH  POLICY  OR  PRACTICE  AS  INSTITUTED IN FACILITIES OPERATED BY THE
DEPARTMENT OF CORRECTIONAL  SERVICES,  AND  IN  ANY  LOCAL  CORRECTIONAL
FACILITY,  OR,  BASED  ON  SPECIFIC, WRITTEN RECOMMENDATIONS, DIRECT THE
DEPARTMENT OF CORRECTIONAL SERVICES, OR THE  AUTHORITY  RESPONSIBLE  FOR
THE  PROVISION  OF MEDICAL CARE TO INMATES IN LOCAL CORRECTIONAL FACILI-
TIES TO PREPARE AND IMPLEMENT A CORRECTIVE PLAN TO ADDRESS  DEFICIENCIES
IN  AREAS  WHERE  SUCH  POLICY  OR PRACTICE FAILS TO CONFORM TO CURRENT,
GENERALLY ACCEPTED MEDICAL STANDARDS AND  PROCEDURES.  THE  COMMISSIONER
SHALL  MONITOR  THE  IMPLEMENTATION  OF  SUCH CORRECTIVE PLANS AND SHALL
CONDUCT SUCH FURTHER REVIEWS AS  THE  COMMISSIONER  DEEMS  NECESSARY  TO
ENSURE  THAT  IDENTIFIED DEFICIENCIES IN HIV AND AIDS POLICIES AND PRAC-
TICES ARE CORRECTED. ALL WRITTEN REPORTS PERTAINING TO REVIEWS  PROVIDED
FOR  IN  THIS  SUBDIVISION SHALL BE MAINTAINED, UNDER SUCH CONDITIONS AS
THE COMMISSIONER SHALL PRESCRIBE, AS PUBLIC  INFORMATION  AVAILABLE  FOR
PUBLIC INSPECTION.
  S 2. This act shall take effect immediately.