New York regulations
Title 9 Part 7064
Executive Department
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9 NYCRR 7064.1 - Policy
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Source snapshot
- Jun 6, 2026
Recognizing that maximum confidentiality protection for information related to human immunodeficiency virus (HIV) infection and acquired immune deficiency syndrome (AIDS) is an essential public health measure and that HIV infection and AIDS issues are of particular concern to correctional professionals, and in order to retain the full trust and confidence of persons at risk, each correctional facility shall ensure that HIV-related information is not improperly disclosed, shall establish clear and certain rules for the disclosure of such information, and provide safeguards to prevent discrimination, abuse, or other adverse actions directed toward protected individuals.
9 NYCRR 7064.2 - Definitions
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Source snapshot
- Jun 6, 2026
9 NYCRR 7064.3 - Facility policies and procedures
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- Executive Department
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- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
(a)The medical director of each local correctional facility in conjunction with the chief administrative officer shall develop and implement written policies and procedures consistent with the requirements of this Part and article 27- of the Public Health Law.
(b)Such policies and procedures shall include, but are not limited to, the following:
(1)safeguards to prevent discrimination, abuse, or other adverse actions against protected individuals;
(2)provisions establishing a schedule for training all facility staff regarding the requirements of Public Health Law, article 27-F and this Part;
(3)provisions for safeguarding the confidentiality of all medical records and information concerning HIV testing or HIV-related information as required by Public Health Law, article 27-F and this Part;
(4)provisions specifically setting forth those persons having access to HIV testing and HIV-related information when such access is necessary for appropriate medical or psychiatric diagnosis or treatment;
(5)provisions for handling requests by other parties for confidential HIV-related information; and
(6)provisions to protect individuals in contact with protected individuals when such contact creates a significant risk of contracting or transmitting HIV infection through the exchange of body fluids, as provided for in section 7064.4 of this Part.
9 NYCRR 7064.4 - Significant risk of contracting or transmitting HIV infection
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LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- SIR-50-22-00003-A · Adopted rule · May 17, 2023
- Source snapshot
- Jun 6, 2026
9 NYCRR 7064.5 - Applicability
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- Compiling agency
- Executive Department
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- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Source snapshot
- Jun 6, 2026
These regulations apply to all administrators, personnel, employees, consultants, independent contractors, and service providers whether paid or volunteer, of local correctional facilities; to persons who order an HIV-related test; to persons who receive confidential HIV-related information in the course of providing any health or social service or who receive confidential HIV-related information pursuant to a release; and to providers and facilities providing health care. These regulations do not apply to information which is received by the Commissioner of Health under Title 10 NYCRR Subpart 24-1 and protected from disclosure pursuant to Public Health Law, section 206(1)(j).
9 NYCRR 7064.6 - HIV-related testing
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 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 (3) of this subdivision, 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 person to be tested or, if such person lacks capacity to consent, to the person lawfully authorized to consent to health care for such person. In situations in which a person other than the test subject consents to the test, pretest counseling shall also be provided to the subject to the extent that the person ordering the test deems that the test subject will benefit from counseling. Pretest counseling shall include:
(i)explanations regarding the nature of HIV infection and HIV-related illness, an explanation of the HIV-related test including a description of the procedure to be followed, meaning of the test results, 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, that consent may be withdrawn at any time, and that anonymous testing is available, including the location and telephone numbers of anonymous test sites, and that anonymous testing is not available to persons proposed for insurance coverage.
(2)Written informed consent must be executed on a form developed by the Department of Health or on another form approved specifically by the Department of Health.
(3)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 of Federal law;
(iii)for testing related to procuring, processing, distributing or use of a human body or human body part, including organs, tissues, 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 persons, 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; or
(v)for testing of a deceased to determine cause of death or for epidemiological purposes.
(b)In addition to an explanation of the test result, the person who orders the test shall be responsible for ensuring that post-test counseling or referrals as appropriate with respect to a positive or negative test result shall be provided to the person who consented to the test. In situations in which a person other than the test subject consents for the test, post-test counseling and referrals should also be provided to the test subject, to the extent the person ordering the test deems that the test subject will benefit from counseling. Such post-test counseling and referrals must include specific referral information and 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.
(c)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. Authorized employees or agents of the New York State Department of Health or of the New York City Department of Health may order HIV-related tests and certify, as appropriate, with respect to obtaining informed consent in approved anonymous testing sites.
9 NYCRR 7064.7 - Disclosure pursuant to a release
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 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. Disclosure is permitted for HIV-related information pursuant to a specific release form which has been developed or approved by the New York State Department of Health. The release must be signed by the protected individual, or if the protected individual lacks capacity to consent, by a person authorized pursuant to law to consent to health care for the individual.
(b)All written disclosures of confidential HIV-related information shall be securely packaged and 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 a violation of the State law and may result in a fine or a 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 by subdivision (b) of this section.
(d)The statement required by subdivisions (b) and (c) 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 disclosures of confidential HIV-related information from the patient's medical record to persons who are permitted access to this information pursuant to section 7064.8(a)(3), (4), (6), (7), (9) and (10) and section 7064.8(e) and (f) of this Part, it shall be sufficient for the statement required by subdivisions (b) and (c) of this section to appear in the medical record itself.
9 NYCRR 7064.8 - Confidentiality and disclosure
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LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- SIR-50-22-00003-A · Adopted rule · May 17, 2023
- Source snapshot
- Jun 6, 2026
9 NYCRR 7064.9 - Documentation of HIV-related information and disclosures
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 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)Confidential HIV-related information shall be recorded in the medical record such that it is readily accessible to provide proper care and treatment.
(b)All disclosures of confidential HIV-related information must be noted in the record, except:
(1)only initial disclosures to insurance institutions must be noted;
(2)notation is not required for disclosure to agents or employees of health facilities or health care providers authorized under section 7064.8(a)(3) of this Part; and
(3)notation is not required for persons engaged in quality assurance, program monitoring or evaluation, nor for governmental payment agents acting pursuant to contract or law.
(c)Confidential HIV-related information may be noted in a certificate of death, autopsy report or related documents prepared pursuant to article 41 of the Public Health Law or other laws relating to documentation of cause of death.
(d)The protected person shall be informed of disclosures of HIV information upon request of the protected person.
(e)Confidential HIV-related information shall not be disclosable pursuant to Public Officers Law, article 6, the Freedom of Information Law.
9 NYCRR 7064.10 - Contact notification
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 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)A physician may disclose HIV-related information, without the protected person's consent, to a contract or to a public health officer when:
(1)the physician reasonably believes disclosure is medically appropriate and a significant risk of infection exists; and
(2)the protected person has been counseled to notify his/her contacts, has been provided a reasonable opportunity to do so, and the physician reasonably believes the protected person will not inform the contacts.
(b)The physician must inform the protected person of the physician's intent to disclose and inform the protected person that he or she may choose whether the physician or public health officer will notify the contact. The physician shall honor the protected person's choice. All notification shall be in person, except where circumstances compel otherwise.
(c)The identity of the protected person shall not be disclosed to the contact.
(d)When a public health officer is requested to notify contacts, the officer shall meet with the protected person, unless conditions prevent it, to counsel and verify information prior to any notification of such person's contacts. Local health units must provide HIV contact notification services.
(e)The person notifying the contact shall provide counseling or make referrals for counseling as appropriate. Such counseling must address coping emotionally with potential exposure to HIV, an explanation regarding the nature of HIV infection and HIV-related illness, availability of anonymous and confidential testing, information on preventing exposure or transmission of HIV infection, information regarding problems that might occur as the result of disclosure of HIV-related information, and the legal protections against such disclosures.
(f)If a protected person is now deceased and the physician reasonably believes the protected person had not informed his/her contacts and reasonably believes disclosure is medically appropriate and that a significant risk of infection exists, the physician may notify the contact or request the public health officer to notify the contact. All such notifications shall be in person, except where circumstances reasonably prevent doing so, and the identity of the deceased shall not be disclosed.
(g)A physician shall have no obligation to identify or locate any contact.
9 NYCRR 7064.11 - Penalties and immunities
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 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)Any person who shall:
(1)perform, permit, or procure the performance of an HIV-related test in violation of section 2781 of the Public Health Law; or
(2)disclose, compel another person to disclose, or procure the disclosure of confidential HIV-related information in violation of section 2782 of the Public Health Law shall be subject to a civil penalty not to exceed $5,000 for each occurrence. Such penalty may be recovered in the same manner as the penalty provided in section 12 of the Public Health Law.
(b)Any person who willfully commits an act enumerated in subdivision (a) of this section shall be guilty of a misdemeanor and subject to the penalties provided in section 12-b of the Public Health Law.
9 NYCRR 7064.12 - Approved forms; informed consent, release
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 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)Each local correctional facility shall maintain an adequate supply of forms approved by the New York State Department of Health for the purpose of informed consent relative to any HIV-related test and authorization for release of confidential HIV-related information.
(b)Such forms shall be used pursuant to the requirements of article 27-F of the Public Health Law and this Part.