New York Codes, Rules and Regulations (NYCRR)
Title 4 Part 83
Department of Civil Service
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4 NYCRR 83.1 - Purpose
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Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
It is the responsibility and the intent of the State Department of Civil Service to adopt regulations pursuant to the HIV and AIDS Related Information Act (Public Health Law, article 27-F). All officers, employees and agents of the department shall at all times maintain the confidentiality of any HIV related information in their possession, in accordance with the requirements of the statute and these regulations.
4 NYCRR 83.2 - Definitions
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Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
For the purposes of this Part:
(a)The term department or Department of Civil Service means the New York State Department of Civil Service.
(b)The term AIDS means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States Public Health Service.
(c)The term HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
(d)The term HIV related illness means any illness that may result from or may be associated with HIV infection.
(e)The term HIV related test means any laboratory test or series of tests for any virus, antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the presence of HIV/AIDS.
(f)The term confidential HIV related information means any information concerning whether an individual has been the subject of an HIV related test, or has HIV infection, HIV related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts.
(g)The term contact means an identified spouse or sex partner of the protected individual or a person identified as having shared hypodermic needles or syringes with the protected individual.
(h)The term significant risk of transmitting or contracting HIV infection or significant risk includes the following circumstances:
(1)sexual contact which exposes a mucous membrane or broken skin of a noninfected individual to blood, semen or vaginal secretions of an infected individual;
(2)sharing of needles or other paraphernalia used for preparing and injecting drugs between infected and noninfected individuals;
(3)the gestation, birthing or breast feeding of an infant when the mother is infected with HIV;
(4)transfusion or transplantation of blood, organs, or other tissues obtained from an infected individual to an uninfected individual, provided that such products have not tested negatively for antibody or antigen and have not been rendered noninfective by heat or chemical treatment;
(5)other circumstances, not identified in paragraphs (1) through (4) of this subdivision, during which a significant risk body substance (other than breast milk) of an infected person contacts mucous membranes (e.g., eyes, nose, mouth) or nonintact skin (e.g., open wound, dermatitis, abraded areas) or the vascular system of a noninfected person;
(6)circumstances that constitute significant risk shall not include:
(i)exposure to urine, feces, sputum, nasal secretions, saliva, sweat, tears or vomitus that does not contain visible blood;
(ii)human bites where there is no direct blood to blood, or blood to mucous membrane contact;
(iii)exposure of intact skin to blood or any other body substance; and
(iv)occupational settings where individuals use scientifically accepted barrier techniques and preventing practices in circumstances which would otherwise pose a significant risk.
4 NYCRR 83.3 - Antidiscrimination
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Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
(a)It is the policy of the department that the department and its officers, employees and agents shall not discriminate against any individual by virtue of his or her being identified as, or suspected of, having AIDS, HIV infection, or HIV related illness.
(b)The department will take appropriate steps to make its officers, employees and agents aware of the department's policy as set forth in this section. All officers, employees and agents of the department shall act in a manner consistent with this policy when performing their official duties for the department.
4 NYCRR 83.4 - Access to confidential HIV related information
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
(a)Employees or agents of the department are not to have access to confidential HIV related information maintained by the department except as part of their official duties.
(b)Agents of the department may be authorized to have access to confidential HIV related information maintained by the department only when reasonably necessary to perform the specific activities for which they have been designated as agents of the department.
4 NYCRR 83.5 - Confidentiality
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
(a)No person who obtains confidential HIV related information in the course of performing his or her duties as an employee or agent of the department may disclose such information except in accordance with the provisions of the HIV and AIDS Related Information Act (Public Health Law, article 27-F) and the provisions of this Part.
(b)Any disclosure, except disclosures to employees or agents of the department where reasonably necessary to carry out their official duties and to any person to whom disclosure is mandated by a court of competent jurisdiction, must be accompanied by the following written statement prohibiting further disclosure: “This information has been disclosed to you from confidential records which are protected by State law. State law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of State law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is not sufficient authorization to further disclosure.”
(c)All disclosures, except disclosures to employees and agents as reasonably necessary to perform their official duties, are to be appropriately documented in the case folder of the protected individual, who shall be informed of such disclosures upon request.
(d)No flags on case folders, lists on walls, or other similar displays shall be used to indicate clients with HIV infection. This shall not be construed to prevent the existence of specialized caseloads.
(e)Confidential HIV related information shall not be disclosed in response to a request under the Freedom of Information Law (Public Officers Law, article 6) or in response to a subpoena. A court order issued pursuant to Public Health Law, section 2785 is required.
(f)The department will take appropriate steps to make all employees and agents aware of the provisions of the HIV and AIDS Related Information Act (PHL, article 27-F) concerning confidentiality of HIV related information and the department's rules regarding confidentiality of records. All authorized employees and agents of the department shall at all times maintain the confidentiality of any confidential HIV related information in their possession.
4 NYCRR 83.6 - Records control
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Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
(a)The department will ensure the security of files which may contain confidential HIV related information. All officers, employees and agents of the department in possession of, or having access to, confidential HIV related information shall at all times maintain the security of all records that contain confidential HIV related information.
4 NYCRR 83.7 - Protection of others at significant risk of infection
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
(a)The department shall implement and enforce a plan for the prevention of circumstances which could result in an employee or individual becoming exposed to blood or body fluids. Such a plan shall include:
(1)training for appropriate persons on the use of protective equipment, preventive practices, and circumstances that constitute significant risk exposure;
(2)appropriate training, counseling and supervision of persons regarding behaviors which pose a risk for HIV transmission at the work site. Contact notification, when appropriate, shall be conducted in accordance with Public Health Law, section 2782(4) and 10 NYCRR 63.7;
(3)use of accepted protective practices to prevent skin and mucous membrane exposure to blood, other body fluids, or other significant risk body substances, as defined in 10 NYCRR 63.9(b);
(4)the use of accepted preventive practices while handling instruments or equipment that may cause puncture injuries; and
(5)the provision, as appropriate, of personal protective equipment which is of appropriate quality and quantity.
(b)The department shall implement and enforce a plan for responding to incidents of exposure at the employee's work site to blood, other body fluids or other significant risk body substances. Such program shall include:
(1)a system for receiving voluntary reports of all exposures thought to represent a circumstance for significant risk;
(2)availability of services for evaluating the circumstances of such a reported exposure and providing appropriate follow-up of anyone who has been exposed, which includes:
(i)medical and epidemiological assessment of an employee or individual who is the source of the exposure, where that source is known, available and agrees to be tested;
(ii)if epidemiologically indicated, HIV counseling and testing of the source as permitted under article 27-F of the Public Health Law. Where the HIV status is not known to anyone who has been exposed, disclosure of the HIV status of a living person can be made only with the express written consent of the source or pursuant to court order; and
(iii)appropriate medical follow-up of employees and individuals who have been exposed; and
(3)assurances for protection of confidentiality for those involved in reported exposures.
4 NYCRR 83.8 - Severability
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Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
If any provision of this Part or the application thereof to any person or circumstance is judged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.