§ 2786. Rules and regulations; forms; report. 1. The commissioner
shall promulgate rules and regulations concerning implementation of this
article for health facilities, health care providers and other persons
to whom this article is applicable. The commissioner shall also develop
standardized model forms to be used for informed consent for HIV related
testing and for the release of confidential HIV related information and
materials for pre-test counseling as required by subdivision three of
section twenty-seven hundred eighty-one of this article, and for
post-test counseling as required by subdivision five of section
twenty-seven hundred eighty-one of this article. Persons, health
facilities and health care providers may use forms for informed consent
for HIV related testing, and for the release of confidential HIV related
information other than those forms developed pursuant to this section,
provided they contain information consistent with the standardized model
forms developed by the commissioner. All forms developed or used
pursuant to this section shall be written in a clear and coherent manner
using words with common, everyday meanings. The commissioner, in
consultation with the AIDS institute advisory council, shall promulgate
regulations to identify those circumstances which create a significant
risk of contracting or transmitting HIV infection; provided, however,
that such regulations shall not be determinative of any significant risk
determined pursuant to paragraph (a) of subdivision four of section
twenty-seven hundred eighty-two or section twenty-seven hundred
eighty-five of this article.

2. (a) Each state agency authorized pursuant to this article to obtain
confidential HIV related information and the board of correction of the
city of New York shall, in consultation with the department of health,
promulgate regulations: (1) to provide safequards to prevent
discrimination, abuse or other adverse actions directed toward protected
individuals; (2) to prohibit the disclosure of such information except
in accordance with this article; (3) to seek to protect individuals in
contact with the protected individual when such contact creates a
significant risk of contracting or transmitting HIV infection through
the exchange of body fluids, and (4) to establish criteria for
determining when it is reasonably necessary for a provider of a health
or social service or the state agency or a local government agency to
have or to use confidential HIV related information for supervision,
monitoring, investigation, or administration and for determining which
employees and agents may, in the ordinary course of business of the
agency or provider, be authorized to access confidential HIV related
information pursuant to the provisions of paragraphs (l) and (m) of
subdivision one and subdivision six of section twenty-seven hundred
eighty-two of this article; and provided further that such regulations
shall be promulgated by the chairperson of the commission of correction
where disclosure is made pursuant to paragraphs (n) and (o) of
subdivision one of section twenty-seven hundred eighty-two of this
article.

(b) The department of health, in consultation with agencies referred
to in paragraph (a) of this subdivision, shall submit a report to the
legislature by December first, nineteen hundred eighty-nine, outlining
the status and content of such regulations, their effect on the
regulated facilities and the protected individuals served by them, the
extent to which they conform with current medical and scientific
knowledge on the transmissibility of HIV infection, and any
recommendations for changes in said regulations.