Special provisions applicable to the management of illness associated with the human immunodeficiency virus (HIV)
Compiled text through Mar 31, 2022
Register checked through Jul 29, 2026
Later Register activity found — review the notice before relying on the compiled text.
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
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- TDA-21-22-00004-P · Proposed rule · May 25, 2022
- Source snapshot
- Jun 6, 2026
(a)The department shall develop and implement uniform policies, procedures and protocols for the early detection and diagnosis of HIV illness.
(b)Policies, procedures and protocols developed and implemented pursuant to subdivision (a) of this section shall ensure compliance with all applicable laws, rules and regulations.
(c)Such procedures shall include, but are not limited to, uniform written policies, procedures and protocols which govern and standardize the availability and administration of HIV antibody tests to inmates consistent with Public Health Law, article 27-F, its implementing regulations and any other applicable laws.
(d)The department shall provide all inmates known to have HIV illness access, at the discretion of the medical director, to outpatient consultation and therapeutic services sufficient to meet their needs in a timely fashion which shall include, but is not limited to, the services of specialists qualified to treat infectious diseases.
(e)The department shall provide all inmates acutely ill with HIV illness access to inpatient hospital services sufficiently staffed and equipped to provide effective therapy for HIV illness and its complications on a 24-hour basis which includes, but is not limited to:
(1)a 24-hour physician staff;
(2)an intensive care unit;
(3)daily 24-hour respiratory therapy and ventilatory support; and
(4)daily 24-hour laboratory and pharmacy services sufficient to meet the needs of HIV patients.
(f)The department shall maintain the capability to provide all drugs, equipment and other resources necessary and sufficient to carry through plans for the treatment and management of HIV illness formulated for each inmate by medical specialists to whom inmates are referred for such treatment.
(g)Consistent with the requirements of this Part, the department shall define, establish and implement alternate levels of care for the medical management of inmates diagnosed with HIV illness. Such alternate levels of care shall be defined only according to inmate-patient need.
(h)The department shall require that a written, comprehensive care plan, reviewed periodically, is developed for each inmate with HIV illness who is medically managed at a department-operated congregate or alternate advanced care facility or unit established pursuant to subdivision (g) of this section. The care plan shall be developed by an interdisciplinary team which includes, as appropriate, a physician, a registered professional nurse and a member of the mental health staff, assigned to the facility in accordance with Correction Law, section 401.
(i)Consistent with the requirements of this Part, the department shall inquire into, develop and implement programs to meet the special nutritional needs of inmate HIV patients.