§ 2781-a. Required offering of HIV related testing. 1. Every
individual age thirteen and older (or younger than thirteen if there is
evidence or indication of risk activity) who receives health services as
an inpatient or in the emergency department of a general hospital
defined in subdivision ten of section twenty-eight hundred one of this
chapter or who receives primary care services in an outpatient
department of such hospital or in a diagnostic and treatment center
licensed under article twenty-eight of this chapter or from a physician,
physician assistant, nurse practitioner, or midwife providing primary
care shall in accordance with subdivision one of section two thousand
seven hundred eighty-one of this article be offered an HIV related test
unless the health care practitioner providing such services reasonably
believes that (a) the individual is being treated for a life threatening
emergency; or (b) the individual has previously been offered or has been
the subject of an HIV related test (except that a test shall be offered
if otherwise indicated); or (c) the individual lacks capacity to consent
to an HIV related test.

2. As used in this section, "primary care" means the medical fields of
family medicine, general pediatrics, primary care, internal medicine,
primary care obstetrics, or primary care gynecology, without regard to
board certification.

3. The offering of HIV related testing under this section shall be
culturally and linguistically appropriate in accordance with rules and
regulations promulgated by the commissioner.

4. This section shall not affect the scope of practice of any health
care practitioner or diminish any authority or legal or professional
obligation of any health care practitioner to offer an HIV related test
or to provide services or care for the subject of an HIV related test.