Section 11-C. Medical examination of volunteer ambulance workers to detect and identify the human immunodeficiency virus (HIV)  


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  • 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.