New York Laws
Article 2 - Coverage and Benefits
11-C - Medical Examination of Volunteer Ambulance Workers to Detect and Identify the Human Immunodeficiency Virus (Hiv).

§ 11-c. Medical examination of volunteer ambulance workers to detect
and identify the human immunodeficiency virus (HIV). 1. Whenever a
volunteer ambulance worker has been exposed to a significant risk of
transmission of the human immunodeficiency virus (HIV) while performing
services in the line of duty, the executive officer of the ambulance
company of which the volunteer ambulance worker is a member shall
authorize such volunteer ambulance worker to obtain an appropriate
medical examination to determine if such volunteer ambulance worker has
been exposed to or infected with the human immunodeficiency virus (HIV).
Such medical examination of a volunteer ambulance worker shall be
authorized within eight hours of notification to the executive officer
of the ambulance company of which such volunteer ambulance worker is a
member of an incident that has created an exposure risk to the volunteer
ambulance worker.

2. Should it be determined by the examining physician or other
attending health care worker that a significant risk of transmission has
occurred, or should any medical examination conclude that a volunteer
ambulance worker has been exposed to or infected with human
immunodeficiency virus (HIV), then such volunteer ambulance worker shall
be offered counseling and additional testing, as appropriate and
consistent with treatment guidelines issued by the commissioner of
health. Such counseling may include a discussion of the risk of the
transmission of the human immunodeficiency virus (HIV) from the exposure
the volunteer ambulance worker may have experienced and the spectrum of
tests commercially available for the prompt and reliable diagnosis of
such infection. Information from any such medical examination of a
volunteer ambulance worker shall be confidential information pursuant to
article twenty-seven-F of the public health law and shall not be made
available to the ambulance company without the written authorization of
the affected volunteer ambulance worker.

3. Payment for medical examinations, additional testing, treatment
services, counseling services, and any other additional services
provided pursuant to this section shall be a covered benefit under this
chapter.

4. For the purposes of this section, the term "significant risk of
transmission" means the alleged conduct or actions taken by a victim or
patient or any other action, situation or event that occurs while a
volunteer ambulance worker is performing services in the line of duty
that has created a recognized and significant risk of infection of a
volunteer ambulance worker with the human immunodeficiency virus (HIV),
as determined by the commissioner of health, consistent with guidelines,
protocols, and findings of the United States centers for disease control
and prevention.

5. For purposes of this section, the term "medical examination"
includes a physical examination or test performed by a physician or
other appropriate health care worker to determine if a volunteer
ambulance worker has been exposed to or infected by the human
immunodeficiency virus (HIV). Tests may include, but not be limited to,
the most accurate, sensitive, and timely tests available used for the
early identification of the human immunodeficiency virus (HIV).

6. The commissioner of health shall issue guidelines to facilitate the
identification of circumstances potentially exposing a volunteer
ambulance worker to a significant risk of transmission of the human
immunodeficiency virus (HIV). Such guidelines shall be consistent with
criteria accepted by the federal centers for disease control and
prevention. Such guidelines shall also provide information regarding
related counseling and testing procedures available to such individuals.

7. Any information gathered pursuant to the provisions of this section
which is deemed confidential under any other provision of law shall be
treated in a confidential manner.