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


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  • 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