9 NYCRR Part 7201 - Executive Department

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Source version current through Mar 31, 2022

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7201.1 - Earlier source heading: Policy

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Current section text is not available here.

9 NYCRR 7201.2 - Safeguards to prevent discrimination

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

In the discharge of their official duties or in the course of their employment by or appointment to the commission, no member thereof, employee, agent, member of the medical review board or member of the citizens' policy and complaint review council shall unlawfully discriminate against any person based upon such person's HIV antibody status, AIDS-related illness or diagnosis of AIDS or lack thereof.

9 NYCRR 7201.3 - Confidentiality and disclosure

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Confidential HIV-related information obtained by any person in the discharge of their official duties or in the course of their employment by or appointment to the commission, or by any member or agent thereof, or any member of the medical review board or member of the citizens' policy and complaint review council may be disclosed only pursuant to Public Health Law, article 27-F, its implementing regulations, Part 7064 of this Title, and this Part.

9 NYCRR 7201.4 - Earlier source heading: Access to HIV-related information

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Current section text is not available here.

9 NYCRR 7201.5 - Intra-agency confidentiality

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)No employee, agent or member of the commission or any member of the citizens' policy and complaint review council or member of the medical review board shall have access to health information relating to any identified person, including confidential HIV-related information on any person, except in connection with the following activities:

(1)investigation into the death of any inmate pursuant to article 3 of the Correction Law;

(2)investigation or evaluation of health care in any correctional facility;

(3)monitoring and providing technical assistance to any correctional facility or operator thereof;

(4)maintenance of statistical data as authorized by law;

(5)research studies approved by the commission;

(6)as necessary in the ordinary course of business to provide legal services to the commission; and

(7)as otherwise relevant and necessary to carry out the express statutory functions, powers and duties of the commission.

(b)No employee, agent, or member of the commission, or any member of the citizens' policy and complaint review council or member of the medical review board, who has access to confidential HIV-related information shall disclose such information to any other person unless such person also has access to confidential HIV-related information as described in this Part, section 7064 of this Title, or as authorized by Public Health Law, article 27-F or its implementing regulations.

(c)Each employee of the State Commission of Correction who is given authorized access to the commission's records of an identified person that contain HIV-related information shall:

(1)be advised in writing that such person shall not:

(i)examine documents containing HIV-related information unless required to do so in the course of his or her official duties;

(ii)remove or copy any such documents unless he or she is acting within the scope of his or her assigned duties; or

(iii)discuss the content of any such documents with any person unless that person is authorized to have access to such documents;

(2)sign a statement attesting that he or she has read the above restrictions and stating that he or she understands that violation may lead to disciplinary action, including suspension or dismissal from employment and that such violation may be against New York State law and lead to arrest and criminal prosecution.

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