Title 9 Part 164 NYCRR — browse free

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Compiled text through Jul 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 10 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 164.1 - Background and intent

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The purpose of this Part is to establish standards for the proper disclosure of HIV-related information within facilities operated by the Division for Youth, including foster homes.

(b)The purpose of this Part is to establish standards which limit the risk of discrimination and harm to a youth's privacy which unauthorized disclosure of HIV information can cause.

(c)The purpose of this Part is to establish standards which seek to enhance the safety of employees, foster care parents and youth at facilities or programs operated by the Division for Youth.

9 NYCRR 164.2 - Legal basis

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Section 500 of the Executive Law grants the director of the Division for Youth (director) the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction, and to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the rendition of services for youth.

(b)Section 2786 of the Public Health Law requires the director to promulgate regulations which provide safeguards against discrimination, abuse and other adverse actions directed toward protected individuals; provide for the proper disclosure of HIV-related information; protect individuals in contact with protected individuals when such contact creates a significant risk of contracting or transmitting HIV infection and establish criteria for determining when it is reasonably necessary for a provider of a health or social service or a State agency or a local government agency to have or use confidential HIV-related information for supervision, monitoring, investigation or administration.

9 NYCRR 164.3 - Applicability

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

This Part applies to any Division for Youth operated residential facility, including foster homes and group homes.

9 NYCRR 164.4 - Definitions pertaining to this Part

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Dates and status

Compiling agency: Executive Department
Text status: Phase2b Dequote Reversal
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: May 19, 2026

(a)HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

(b)HIV-related illness means any illness that may result from or be associated with HIV infection.

(c)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 infection.

(d)Capacity to consent means an individual's ability, determined without regard to such individual's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment of procedure, and to make an informal decision concerning such service, treatment or procedure.

(e)Protected individual means a person who is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS or HIV-related illness.

(f)Confidential HIV-related information means any information, in the possession of a person who provides one or more health or social services or who obtains the information pursuant to a release of confidential HIV-related 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)Health or social services means any public or private care, treatment, clinical laboratory test, counseling or educational service for youth, and acute, chronic, custodial, residential, outpatient, home or other health care; public assistance; employment-related services, housing services, foster care, shelter, protective services, day care, or preventive services; services for the mentally disabled; probation services; parole services; correctional services; and detention and rehabilitative services, all as defined in section 2780(8) of the Public Health Law.

(h)Health facility means a hospital as defined in section 2801 of the Public Health Law, blood bank, blood center, sperm bank, organ or tissue bank, clinical laboratory, or facility providing care or treatment to persons with a mental disability.

(i)Health care provider means any physician, nurse, provider of services for the mentally disabled or other person involved in providing medical, nursing, counseling, or other health care or mental health service including those associated with, or under contract to, a health maintenance organization or medical services plan.

(j)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.

(k)Person includes any natural person, partnership, association, joint venture, trust, public or private corporation or State or local government agency.

(l)Division means the New York State Division for Youth.

(m)Youth means any person between the ages of seven and 21 years (inclusive) who resides in any facility operated by the Division for Youth, including foster homes and group homes.

(n)AIDS means acquired immunue deficiency syndrome, as may be defined from time to time by the Centers for Disease Control of the United States Public Health Service.

9 NYCRR 164.5 - Prevention of discrimination and abuse

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)No youth will be subjected to discrimination because that youth is or is thought to be HIV infected. All youth shall be appropriately served by programs operated by the division according to the needs of the youth.

(b)The division shall provide training and/or training opportunities to all direct care personnel in facilities, foster care and group homes, which shall include, at a minimum:

(1)initial employee and annual in-service training regarding the symptoms, causes and transmission of HIV and universal infection control procedures; and

(2)initial employee training and annual in-service training regarding legal prohibitions against unauthorized disclosure of confidential HIV-related information.

(c)A list of all employees and Division for Youth foster parents who have had such training shall be maintained by the division together with a list of those employees and Division for Youth foster parents authorized to access confidential HIV-related information. Such lists shall be updated annually.

(d)The Division for Youth shall establish and promulgate policies ensuring:

(1)maintenance of records containing confidential HIV-related information in a secure manner, limiting access to only those individuals permitted access pursuant to section 164.7 of this Part; and

(2)procedures for handling requests by other parties for confidential HIV-related information.

9 NYCRR 164.6 - HIV-related testing

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Except as noted in paragraph (b)(2) of this section, no physician or other person authorized pursuant to law may order an HIV-related test without obtaining written informed consent.

(1)Informed consent shall consist of providing to the youth to be tested or, if such youth lacks capacity to consent, as defined in section 164.4(d) of this Part to the person lawfully authorized to consent to health care for such person, pretesting counseling that includes:

(i)explanations regarding the nature of HIV infection and HIV-related illness, benefits of the test and its results, an explanation of the HIV-related test and results, the accuracy of the HIV-related test, the significance and benefits of the test and its result; and the benefits of taking the test, including early diagnosis and medical intervention;

(ii)information regarding discrimination problems which might occur as a result of unauthorized disclosure of HIV-related information and legal protections prohibiting such disclosures;

(iii)information on preventing exposure or transmission of HIV infection, including behavior which poses a risk of HIV transmission; and

(iv)an explanation that the test is voluntary and that consent may be withdrawn at any time; information on the availability of anonymous HIV testing, including the location and telephone numbers of anonymous test sites.

(b)

(1)Written informed consent must be executed on a form developed or approved by the Department of Health, pursuant to that department's regulations found at 10 NYCRR section 63.4(a).

(2)Informed consent is not required in the following situations:

(i)for court ordered testing pursuant to Civil Practice Law and Rules, section 3121;

(ii)if otherwise authorized or required by State or Federal law;

(iii)for testing related to procuring, processing, distributing or use of human body or human body part, including organs, tissue, eyes, bones, arteries, blood, semen or other body fluids for use in medical research or therapy, or for transplantation to persons, provided that if the test results are communicated to the tested person, post-test counseling is required;

(iv)for research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher;

(v)for testing of a deceased to determine cause of death or for epidemiological purposes.

(c)Post-testing counseling, and referrals with respect to a positive or negative test result, shall be provided to the person who consented to the test. Such post-test counseling and referrals must address:

(1)coping emotionally with the test results;

(2)discrimination issues;

(3)information on the ability to release or revoke the release of confidential HIV-related information;

(4)information on preventing exposure to or transmission of HIV infection and the availability of medical treatment; and

(5)the need to notify contacts to prevent transmission, including information on State or county assistance in voluntary contact notification, if appropriate.

(d)A physician or other person authorized pursuant to law to order an HIV-related test shall certify on a laboratory, requisition form that informed consent has been obtained.

9 NYCRR 164.7 - Confidentiality and disclosure

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Dates and status

Compiling agency: Executive Department
Text status: Phase2b Dequote Reversal
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: May 19, 2026

(a)Access to a youth's confidential HIV-related information shall be strictly limited. No flags or other markings on charts, lists on walls, or similar public displays shall be used to indicate youths' HIV status. Nothing in these regulations shall be construed to limit or enlarge access to that portion of a youth's file not containing confidential HIV-related information.

(b)No person who obtains confidential HIV-related information in the course of providing any health or social service or pursuant to a release of confidential HIV-related information may disclose or be compelled to disclose such information, except to the following:

(1)the protected individual or, when the protected individual lacks capacity to consent, a person authorized pursuant to law to consent to health care for the individual;

(2)any person to whom disclosure is authorized pursuant to a release of confidential HIV-related information in accordance with the regulations of the Department of Health set forth at 10 NYCRR section 63.4(a);

(3)an agent or employee of a health facility or health care provider if:

(i)the agent or employee is authorized to access medical records;

(ii)the health facility or health care provider itself is authorized to obtain the HIV-related information; and

(iii)the agent or employee provides health care to the protected individual, or maintains or processes medical records for billing or reimbursement;

(4)a health care provider or health facility when knowledge of the HIV-related information is necessary to provide appropriate care or treatment to the protected youth or a child of the youth;

(5)a health facility or health care provider, in relation to the procurement, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, or other body fluids, for use in medical education, research, therapy, or for transplantation to individuals;

(6)health facility staff committees, or accreditation or oversight review organizations authorized to access medical records, provided that such committees or organizations may only disclose confidential HIV-related information:

(i)back to the facility or provider of a health or social services;

(ii)to carry out the monitoring, evaluation, or service review for which it was obtained; or

(iii)to a Federal, State or local government agency for the purposes of and subject to the conditions provided in paragraph (19) of this subdivision;

(7)a Federal, State, county or local health officer when such disclosure is mandated by Federal or State law;

(8)authorized agencies as defined by Social Services Law, section 371 and corporations incorporated or organized to receive youth for adoption or foster care, in connection with foster care or adoption of a youth. Such agency shall be authorized to redisclose such information only pursuant to the provisions of article 27-F of the Public Health Law or in accordance with the provisions of section 373-A of the Social Services Law;

(9)third-party reimbursers or their agents to the extent necessary to reimburse health care providers, including health facilities, for health services, provided that, where necessary, an otherwise appropriate authorization for such disclosure has been secured by the provider;

(10)an insurance institution, for other than the purpose set forth in paragraph (9) of this subdivision, provided the insurance institution secures a dated and written authorization that indicates that health care providers, health facilities, insurance institutions, and other persons are authorized to disclose information about the protected individual, the nature of the information to be disclosed, the purposes for which the information is to be disclosed and which is signed by:

(i)the protected individual;

(ii)if the protected individual lacks the capacity to consent, such other person authorized pursuant to law to consent for such individual; or

(iii)if the protected individual is deceased, the beneficiary or claimant for benefits under an insurance policy, a health services plan, or an employee welfare benefit plan as authorized in article 27-F of the Public Health Law;

(11)any person to whom disclosure is ordered by a court of competent jurisdiction pursuant to section 2785 of the Public Health Law;

(12)an employee or agent of the Division of Parole, Division of Probation and Correctional Alternatives, or Commission of Correction, in accordance with regulations promulgated by those agencies;

(13)a medical director of a local correctional facility in accordance with regulations promulgated by the facility operator. Redisclosure by the medical director is prohibited except as permitted under Public Health Law, article 27-F and its implementing regulations;

(14)a physician may disclose the confidential HIV-related information during contact notification pursuant to Public Health Law, article 27-F;

(15)a physician may, upon the informed consent of a youth or, if the youth lacks the capacity to consent, other person qualified to give consent on behalf of the youth, disclose confidential HIV-related information to a State, county, or local health officer for the purpose of reviewing the medical history of a youth to determine the fitness of the youth to attend school;

(16)confidential HIV-related information may be disclosed to a governmental agency or to authorized employees or agents of a governmental agency when the person providing health services is regulated by the governmental agency or when the governmental agency administers a health or social services program and when such employees or agents have access to records in the ordinary course of business and when access is reasonably necessary for supervision, monitoring, administration or provision of services. Such authorized employees or agents may include attorneys authorized by a government agency when access occurs in the ordinary course of providing legal services and is reasonably necessary for supervision, monitoring, administration or provision of services;

(17)confidential HIV-related information may be disclosed to authorized employees or agents of a person providing health services when such person is either regulated by a governmental agency or when a governmental agency administers a health or social services program, and when such employees or agents have access to records in the ordinary course of business and when access is reasonably necessary for supervision, monitoring, administration or provision of services and when such employee or agent has been authorized by the division pursuant to this Part. Such authorized employees or agents may include attorneys authorized by persons providing health services when access occurs in the ordinary course of providing legal services and is reasonably necessary for supervision, monitoring, administration or provision of services;

(18)no person to whom confidential HIV-related information has been disclosed shall disclose the information to another person except as authorized by this Part; provided, however that the provisions of this Part shall not apply to the protected youth or a natural person who is authorized pursuant to law to consent to health care for the protected individual;

(20)confidential HIV-related information shall not be disclosed to a health care provider or health care facility if the sole purpose of disclosure is infection control when such provider or facility is regulated under the Public Health Law and required to implement infection control procedures pursuant to Department of Health regulations;

(21)confidential HIV information shall not be released pursuant to a subpoena. A court order pursuant to Public Health Law, section 2785 is required;

(22)where a youth has obtained personal confidential HIV-related information from an alternate anonymous testing site, sexually transmitted disease clinic or the youth's private physician, the youth may choose not to disclose any information to the division. However, all youth must be informed that disclosing such information confidentially with selected division staff may help him or her to manage the stress associated with HIV infection and also assist in planning for appropriate services in the community upon release. The test results will not be disclosed to any other person unless the youth, or other person authorized to give consent, gives prior written consent, pursuant to section 164.6 of this Part or unless disclosed pursuant to paragraph (23) of this subdivision. Youth must also be informed that once a positive test result is disclosed, it will be shared confidentially with a limited number of people directly involved with the youth's care and planning for care, as set forth below. These people will be limited to the following:

(i)the facility's medical staff caring for the youth (

i.e.,

physician's assistant, nurse, and the supervising physician of the physician's assistant or primary care physician serving the youth where the facility lacks other medical staff);

(ii)the facility director or, as applicable, the youth's foster parents and the division staff responsible for supervision of the youth's foster care case; and

(iii)the director of the division's Bureau of Health and Recreation Services;

(23)if, in the judgment of the facility health staff and facility director or, as applicable, the division staff responsible for supervision of the youth's foster care case, the results must be disclosed to additional party(ies), including the youth's parent(s) or guardian(s), the facility director or foster care case supervisor shall consult with the director of the Bureau of Health and Recreation Services. The director of the bureau must concur with the facility director or the division staff responsible for supervision of the youth's foster care case, if the information is to be disclosed to others not approved by the youth. In such cases the criterion used for overriding the youth's objections shall be that further disclosure of the information is critically important for the youth's physical or mental well-being, and that such benefit may not otherwise be obtained.

At no time will confidential HIV-related information be disclosed in violation of Public Health Law, article 27-F. Any decision or action taken pursuant to this paragraph and the basis for such decision or action shall be recorded in the youth's medical file;

(24)where a youth who has acquired HIV-related information through a division employed physician or physician's assistant or through a physician maintained to serve division youth, either on a contract or fee-for-service basis, the youth must be advised that such information will be disclosed as set forth in paragraphs (22) and (23) of this subdivision; and

(25)where such access is necessary in furtherance of the duties of the Division's Office of Counsel, confidential HIV-related information may be disclosed to the Division's Office of Counsel and the New York State Attorney General's office.

9 NYCRR 164.8 - Disclosure and release

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)No confidential HIV-related information shall be disclosed pursuant to a general release or subpoena without a Supreme Court order, pursuant to Public Health Law, section 2785. Disclosure is permitted for HIV-related information pursuant to a specific release form which has been developed or approved by the Department of Health. The release must be signed by the protected individual, or if the protected individual lacks capacity to consent pursuant to section 164.4(d) of this Part, by a person authorized pursuant to law to consent to health care for the individual.

(b)All written disclosures of confidential HIV information must be accompanied by a statement prohibiting redisclosure. The statement shall include the following language or substantially similar language: “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 for further disclosure. Disclosure of confidential HIV information that occurs as the result of a general authorization for the release of medical or other information will be in violation of the State law and may result in a fine or jail sentence or both.”

(c)If oral disclosures are necessary, they must be accompanied or followed as soon as possible, but no later than 10 days, by the statement required in subdivision (b) of this section. All disclosures, oral or written, shall be recorded in the youth's official record.

(d)The statement required by subdivisions (a) and (b) of this section is not required for release to the protected person or to his or her legal representative, for releases made by a physician or public health officer to a contact, or for releases made by a physician to a person authorized pursuant to law to consent to the health care of the protected person when the person has been counseled and the disclosure is medically necessary pursuant to Public Health Law, section 2782(4)(e). For disclosure of confidential HIV-related information from the youth's medical files to persons who are permitted access pursuant to section 164.7(b)(3)-(4), (6)-(7), (9)-(10) and (16)-(17) of this Part, it shall be sufficient for the statement required by subdivisions (b) and (c) of this section to appear in the youth's medical record.

9 NYCRR 164.9 - Protection of others at significant risk of infection

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Staff and youth protection.

Since medical history and examination cannot reliably identify all youth infected with HIV or other blood-borne pathogens, blood and body-fluid precautions shall be consistently used for all youth. This approach, referred to as “universal blood and body-fluid precautions” or “universal precautions,” or “universal infection control procedures” shall be used during job-related activities which involve or may involve exposure to significant risk body substances as defined in Department of Health regulations at 10 NYCRR section 63.9.

(b)Facilities and programs, including foster care, shall abide by any additional administrative guidelines regarding protective barriers or procedures as may be required by the division.

(c)Facility staff and division staff responsible for supervision of foster care cases will educate youth regarding behaviors which pose a risk for HIV transmission.

(d)Each division facility shall:

(1)implement and enforce a plan for the prevention of circumstances which could result in another exposed to blood or body fluids which could put them at risk for HIV infection, during the provision of services. Such a plan shall include:

(i)use of generally accepted protective barriers during the job-related activities which involve, or may involve, exposure to blood or body fluids. Such preventive action shall be taken by the employee with each youth and shall constitute an essential element for the prevention of bi-directional spread of HIV;

(ii)use of generally accepted preventive practices during job-related activities which involve the use of contaminated instruments or equipment which may cause puncture injuries;

(iii)training at the time of employment and yearly staff development programs on the use of protective equipment, preventive practices, and circumstances which represent a risk for all employees whose job-related tasks involve, or may involve, exposure to blood or body fluids;

(iv)provision of personal protective equipment for employees which is appropriate to the tasks being performed; and

(v)a system for monitoring preventive programs to assure compliance and safety; and

(2)implement and enforce a plan for the management of individuals who are exposed to blood or body fluids. The plan shall include:

(i)a system for voluntary reporting of all exposures thought to represent a circumstance for significant risk;

(ii)availability of services for evaluating the circumstances of a reported exposure and providing appropriate follow-up of the exposed individual which includes:

(a)medical and epidemiological assessment of the individual who is the source of the exposure, where that individual is known and available;

(b)if epidemiologically indicated, HIV counseling and testing of the source individual as permitted under Public Health Law, article 27-F. Where the HIV status is not known to the exposed individual, disclosure can be made only with the express written consent of the protected individual or pursuant to a Supreme Court order; and

(c)appropriate medical follow-up of the exposed individual; and

(iii)assurances for protection of confidentially for those involved in reported exposures.

9 NYCRR 164.10 - Monitoring

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Employees and agents of the division responsible for monitoring, inspecting, supervising, and investigating programs operated by the division shall have access to confidential HIV information to the extent necessary to discharge those responsibilities.

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