N.Y. Comp. Codes R. & Regs. tit. 9 § 367.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 367.4 - Disclosure pursuant to a release

(a) No confidential HIV-related information shall be disclosed pursuant to a general release. Disclosure is only permitted for HIV-related information pursuant to a specific release form that has been approved by the 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. Whenever appropriate, an attempt should be made to secure consent.

(b) The provision in subdivision (a) of this section is also applicable to confidential HIV-related information contained in court ordered documents, including presentence, preplea, predispositional, or other investigation reports.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 367.4