N.Y.
Volunteer Firefighters' Benefit Law Section 11-C
Medical examination of volunteer firefighters to detect and identify the human immunodeficiency virus (HIV)
1.
Whenever a volunteer firefighter 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 fire company of which the volunteer firefighter is a member shall authorize such volunteer firefighter to obtain an appropriate medical examination to determine if such volunteer firefighter has been exposed to or infected with the human immunodeficiency virus (HIV). Such medical examination of a volunteer firefighter shall be authorized within eight hours of notification to the executive officer of the fire company of which such volunteer firefighter is a member of an incident that has created an exposure risk to the volunteer firefighter.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 firefighter has been exposed to or infected with human immunodeficiency virus (HIV), then such volunteer firefighter 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 firefighter 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 firefighter shall be confidential information pursuant to article twenty-seven-F of the public health law and shall not be made available to the fire company without the written authorization of the affected volunteer firefighter.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 firefighter is performing services in the line of duty that has created a recognized and significant risk of infection of a volunteer firefighter 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 firefighter 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 firefighter 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. * NB There are 2 § 11-c’s
Source:
Section 11-C — Medical examination of volunteer firefighters to detect and identify the human immunodeficiency virus (HIV), https://www.nysenate.gov/legislation/laws/VOL/11-C (updated Sep. 22, 2014; accessed Apr. 20, 2024).
