N.Y. Comp. Codes R. & Regs. tit. 9 § 367.6

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

Section 367.6 - Protections against redisclosure

(a) All written disclosures of confidential HIV-related information must be accompanied by a statement restricting redisclosure. The statement shall include the following language or substantially similar language: "This information has been disclosed to you from confidential records that are protected by state law. State law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of state law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is not sufficient authorization for further disclosure."

(b) HIV-related information in a court-ordered document, including a presentence, preplea, predispositional, or other investigation report shall be contained in a separate section at the end of the document. The HIV-related information shall be prefaced by the statement in subdivision (a) of this section or substantially similar language restricting redisclosure.

(c) If oral disclosures are necessary, they must be accompanied or followed as soon as possible, but no later than 10 days, by the written statement required by subdivision (a) of this section.

(d) The statement required by subdivisions (a)-(c) of this section is not required for release to the protected individual or to his or her legal representative.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 367.6