N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 52-3.6
No tissue bank shall inform any tissue donor or consenting next-of-kin of the results of HIV antibody testing solely on the basis of the enzyme-linked immunosorbent assay (ELISA) or other screening test for HIV antibodies unless such results are negative. Any reactive screening test shall be repeated in duplicate. If two or more separate screening tests are reactive, the sample shall be considered repeatedly reactive. Notification that a donor is positive shall be made only if the results have been reactive or equivocal for more than one screening test and the confirmatory HIV test has been unequivocally reactive. HIV test results that are substantiated as positive shall be reported to living donors. Equivocal or negative results based on confirmatory testing may be reported to the donor, if living, or person legally authorized to consent on behalf of such donor, provided that the person is not informed that the donor is seropositive. Appropriate counseling of living donors or the consenting next-of-kin regarding the significance of all test results shall be made available or arranged for by the comprehensive tissue procurement service. Reporting of any HIV results to living donors or consenting next-of-kin, other than results of negative screening tests, shall be conducted in person, unless repeated efforts to encourage the individual(s) to come in have failed, in which case notification may be made by certified restricted delivery mail.
N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 52-3.6