N.Y. Comp. Codes R. & Regs. tit. 9 § 367.11

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

Section 367.11 - Division access

(a) No employee of the Division of Probation and Correctional Alternatives shall have access to health information related to any identified person, including confidential HIV-related information, except in connection with the following activities:

(1) investigation of any agency as authorized by the state director;

(2) monitoring and technical assistance for local probation departments;

(3) research studies approved by the state director;

(4) as necessary in order to fulfill explicit statutory responsibilities of the state director; and

(5) provision of direct probation services, where disclosure shall be restricted in the manner described in this Part.

(b) No employee of the Division of Probation and Correctional Alternatives who has access to confidential HIV-related information shall disclose such information to any other person unless such person also has access to confidential HIV-related information as described in this section or in section 367.5 of this Part.

(c) Each employee of the Division of Probation and Correctional Alternatives who is given authorized access to the probation records of an identified person that contain HIV-related information, shall:

(1) be advised in writing by the supervisor that the employee shall not:

(i) examine documents containing HIV-related information unless required to in the course of his or her official duties;

(ii) remove or copy any such documents unless he or she is acting within the scope of his or her assigned duties; and

(iii) discuss the content of any such documents with any person unless that person is authorized access to such documents.

(2) sign a statement attesting that he or she has read the above restrictions and stating that he or she understands that violation may lead to disciplinary action, including suspension or dismissal from employment and that such violation may be against New York State law and lead to arrest and criminal prosecution.

(3) whenever protected HIV-related information is received, the security of such information must be maintained and safeguarded at all times.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 367.11