Section 2785-A. Court order for HIV related testing in certain cases  


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  • 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 correctional services, division for youth, 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.