Legislation
SECTION 2785-A
Court order for HIV related testing in certain cases
Public Health (PBH) CHAPTER 45, ARTICLE 27-F
§ 2785-a. Court order for HIV related testing in certain cases. 1.
Notwithstanding any contrary provision of law or regulation, a state,
county or local public health officer to whom an order or a consent for
an HIV test is addressed or sent, in accordance with section 390.15 of
the criminal procedure law or section 347.1 of the family court act,
must cause HIV related testing to be administered to the subject named
therein and, if the test is pursuant to court order, must immediately
provide to the court that issued the order a written report specifying
the date on which such test was completed. Such report to the court
shall not, however, disclose the results of such test. Such officer must
disclose the results of the testing to the victim indicated in the order
or consent and must also disclose the results to the person tested,
unless the person tested has been asked to but declines to authorize
such disclosure to himself or herself.
2. At the time of communicating the test results to the subject or the
victim, such public health officer shall directly provide the victim and
person tested with (a) counseling or referrals for counseling for the
purposes specified in subdivision five of section two thousand seven
hundred eighty-one of this article; (b) counseling with regard to HIV
disease and HIV testing in accordance with law and consistent with
subdivision five of section two thousand seven hundred eighty-one of
this article; and (c) appropriate health care and support services, or
referrals to such available services. If at the time of communicating
the test results, the person tested is in the custody of the department
of corrections and community supervision, office of children and family
services, office of mental health or a local correctional institution,
the counseling and services required by this subdivision may be provided
by a public health officer associated with the county or facility within
which the person tested is confined.
3. Unless inconsistent with this section, the provisions of this
article regarding the confidentiality and disclosure of HIV related
information shall apply to proceedings conducted pursuant to section
390.15 of the criminal procedure law or section 347.1 of the family
court act.
Notwithstanding any contrary provision of law or regulation, a state,
county or local public health officer to whom an order or a consent for
an HIV test is addressed or sent, in accordance with section 390.15 of
the criminal procedure law or section 347.1 of the family court act,
must cause HIV related testing to be administered to the subject named
therein and, if the test is pursuant to court order, must immediately
provide to the court that issued the order a written report specifying
the date on which such test was completed. Such report to the court
shall not, however, disclose the results of such test. Such officer must
disclose the results of the testing to the victim indicated in the order
or consent and must also disclose the results to the person tested,
unless the person tested has been asked to but declines to authorize
such disclosure to himself or herself.
2. At the time of communicating the test results to the subject or the
victim, such public health officer shall directly provide the victim and
person tested with (a) counseling or referrals for counseling for the
purposes specified in subdivision five of section two thousand seven
hundred eighty-one of this article; (b) counseling with regard to HIV
disease and HIV testing in accordance with law and consistent with
subdivision five of section two thousand seven hundred eighty-one of
this article; and (c) appropriate health care and support services, or
referrals to such available services. If at the time of communicating
the test results, the person tested is in the custody of the department
of corrections and community supervision, office of children and family
services, office of mental health or a local correctional institution,
the counseling and services required by this subdivision may be provided
by a public health officer associated with the county or facility within
which the person tested is confined.
3. Unless inconsistent with this section, the provisions of this
article regarding the confidentiality and disclosure of HIV related
information shall apply to proceedings conducted pursuant to section
390.15 of the criminal procedure law or section 347.1 of the family
court act.