New York Assembly Bill 2795 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 7-0)
Status: Introduced on January 21 2009 - 25% progression, died in committee
Action: 2010-06-22 - held for consideration in health
Pending: Assembly Health Committee
Text: Latest bill text (Introduced) [HTML]

Section 1 amends the Public Health Law adding a new section 2312, which specifies the notification to peace officers, firefighters, ambulance workers and others of exposure to human immunodeficiency virus (HIV). If while transporting an ill or injured patient to a medical unit while acting in the performance of their duty, the professional worker comes into contact with a patient who has HIV, as a result of information obtained by the facility, the attending physician, medical examiner, a designee of the medical care facility who receives the patient, the chief medical examiner, or the chief medical examiner's designee shall notify such person and the employer or employer's designee of the individual's possible exposure to the contagious disease or virus. Section 2 specifies the means for notification. The section (a) states the time period required for notification; section (b) requires written confirmation; section (c) states the manner in which will protect the confidentiality of the patient; section (d) states the manner in which will protect the confidentiality of the person so exposed. Section 3 states that written confirmation shall constitute compliance with this section. Section 4 requires the medical care facility to develop written procedures for the implementation of this section. Section 5 states that the medical facility, physician, chief medical examiner or the chief medical examiner's designee acting in good faith shall not be liable in any cause of action related to the breach of patient confidentiality. Section 6 denotes that the medical care facility, physician, chief medical examiner or the chief medical examiner's designee acting in good faith to provide notification in accordance with this section shall not be liable in any cause of action for: (a) the failure to give required notice, if the so exposed fails to properly initiate the notification procedure developed by the health care facility and (b) the failure of the employer or employer's designee to subsequently notify the person so exposed of the possible exposure to HIV. Section 7 creates a training and education plan on (a) the transmission of HIV, (b) the guidelines for preventing prehospital exposure. Section 8 states the employer shall provide to the employee equipment which will protect the employee from exposure which rendering emergency medical care. Section 9 specifies (a) that the fire department, law enforcement agency and all other agencies or organizations shall develop written procedures for the implementation of this section and (b) that copies of the developed procedures shall be available to employees, employee unions, volunteer associations and the secretary of state. Section 10 states that under this section, no person shall be denied treatment because they are HIV positive.

An act to amend the public health law, in relation to requiring notification to peace officers and other paid or volunteer emergency personnel of exposure to HIV infected persons

Sen. Greg Ball [R]	Asm. Jane Corwin [R]	Asm. Clifford Crouch [R]	Asm. Gary Finch [R]
Asm. Michael Fitzpatrick [R]	Asm. Brian Kolb [R]	Asm. Thomas McKevitt [R]

Date	Chamber	Action
2010-06-22		held for consideration in health
2010-01-06		referred to health
2009-01-21		referred to health

Type	Source
Summary	https://assembly.state.ny.us/leg/?default_fld=&bn=A02795&term=2009&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y
Text	https://assembly.state.ny.us/leg/?default_fld=&bn=A02795&term=2009&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A02795