11-C - Medical examination of volunteer ambulance workers to detect and identify the human immunodeficiency virus (HIV).

§  11-c.  Medical examination of volunteer ambulance workers to detect  and identify the human  immunodeficiency  virus  (HIV).  1.  Whenever  a  volunteer  ambulance  worker  has  been exposed to a significant risk of  transmission of the human immunodeficiency virus (HIV) while  performing  services  in  the  line  of duty, the executive officer of the ambulance  company of which the  volunteer  ambulance  worker  is  a  member  shall  authorize  such  volunteer  ambulance  worker  to  obtain an appropriate  medical examination to determine if such volunteer ambulance worker  has  been exposed to or infected with the human immunodeficiency virus (HIV).  Such  medical  examination  of  a  volunteer  ambulance  worker shall be  authorized within eight hours of notification to the  executive  officer  of  the  ambulance company of which such volunteer ambulance worker is a  member of an incident that has created an exposure risk to the volunteer  ambulance worker.    2. Should it  be  determined  by  the  examining  physician  or  other  attending health care worker that a significant risk of transmission has  occurred,  or  should  any medical examination conclude that a volunteer  ambulance  worker  has  been  exposed  to   or   infected   with   human  immunodeficiency virus (HIV), then such volunteer ambulance worker shall  be  offered  counseling  and  additional  testing,  as  appropriate  and  consistent with treatment  guidelines  issued  by  the  commissioner  of  health.  Such  counseling  may  include  a discussion of the risk of the  transmission of the human immunodeficiency virus (HIV) from the exposure  the volunteer ambulance worker may have experienced and the spectrum  of  tests  commercially  available  for the prompt and reliable diagnosis of  such infection.   Information from any such  medical  examination  of  a  volunteer ambulance worker shall be confidential information pursuant to  article  twenty-seven-F  of  the public health law and shall not be made  available to the ambulance company without the written authorization  of  the affected volunteer ambulance worker.    3.  Payment  for  medical  examinations, additional testing, treatment  services,  counseling  services,  and  any  other  additional   services  provided  pursuant to this section shall be a covered benefit under this  chapter.    4. For the purposes of this section, the  term  "significant  risk  of  transmission"  means the alleged conduct or actions taken by a victim or  patient or any other action, situation or  event  that  occurs  while  a  volunteer  ambulance  worker  is performing services in the line of duty  that has created a recognized and significant risk  of  infection  of  a  volunteer  ambulance worker with the human immunodeficiency virus (HIV),  as determined by the commissioner of health, consistent with guidelines,  protocols, and findings of the United States centers for disease control  and prevention.    5. For purposes  of  this  section,  the  term  "medical  examination"  includes  a  physical  examination  or  test performed by a physician or  other appropriate  health  care  worker  to  determine  if  a  volunteer  ambulance   worker  has  been  exposed  to  or  infected  by  the  human  immunodeficiency virus (HIV). Tests may include, but not be limited  to,  the  most  accurate,  sensitive, and timely tests available used for the  early identification of the human immunodeficiency virus (HIV).    6. The commissioner of health shall issue guidelines to facilitate the  identification  of  circumstances  potentially  exposing   a   volunteer  ambulance  worker  to  a  significant  risk of transmission of the human  immunodeficiency virus (HIV). Such guidelines shall be  consistent  with  criteria  accepted  by  the  federal  centers  for  disease  control and  prevention. Such guidelines shall  also  provide  information  regarding  related counseling and testing procedures available to such individuals.7. Any information gathered pursuant to the provisions of this section  which  is  deemed confidential under any other provision of law shall be  treated in a confidential manner.