§ 2781. HIV related testing. 1. Except as provided in section three\nthousand one hundred twenty-one of the civil practice law and rules, or\nunless otherwise specifically authorized or required by a state or\nfederal law, no person shall order the performance of an HIV related\ntest without first, at a minimum, providing notice by means readily\naccessible in multiple languages to the protected individual, or, when\nthe protected individual lacks capacity to consent, a person authorized\nto consent to health care for such individual, that an HIV-related test\nis being performed, or over the objection of such individual or\nauthorized persons. Such notice may be provided orally, in writing by\nprominently displayed signage, by electronic means or other appropriate\nform of communication. Such notice shall include information that HIV\ntesting is voluntary. A refusal of an HIV related test shall be noted in\nthe individual's record.\n 2. Prior to ordering the test, information shall be provided, either\norally or by prominently displayed signage, by printed materials, by\nelectronic means or other appropriate form of communication to the\nsubject of an HIV related test or, if the subject lacks capacity to\nconsent, to a person authorized pursuant to law to consent to health\ncare for the subject, explaining that:\n (a) HIV causes AIDS and can be transmitted through sexual activities\nand needle-sharing, by pregnant women to their fetuses, and through\nbreastfeeding infants;\n (b) there is treatment for HIV that can help an individual stay\nhealthy;\n (c) individuals with HIV or AIDS can adopt safe practices to protect\nuninfected and infected people in their lives from becoming infected or\nmultiply infected with HIV;\n (d) testing is voluntary and can be done anonymously at a public\ntesting center;\n (e) the law protects the confidentiality of HIV related test results;\n (f) the law prohibits discrimination based on an individual's HIV\nstatus and services are available to help with such consequences; and\n (g) the law requires that an individual be notified before an\nHIV-related test is performed, and that no test shall be performed over\ntheir objection; and\n (h) pre- and post-exposure prophylaxis medications (PrEP and PEP) are\navailable to protect persons at risk of HIV infection.\n Protocols shall be in place to ensure compliance with this section.\n 4. A health care provider who is not authorized by the commissioner to\nprovide HIV related tests on an anonymous basis shall refer a person who\nrequests an anonymous test to a test site which does provide anonymous\ntesting. The provisions of this subdivision shall not apply to a health\ncare provider ordering the performance of an HIV related test on an\nindividual proposed for insurance coverage.\n 5. At the time of communicating the test result to the subject of the\ntest, a person ordering the performance of an HIV related test shall,\ndirectly or through a representative:\n (a) in the case of a test indicating evidence of HIV infection,\nprovide the subject of the test or, if the subject lacks capacity to\nconsent, the person authorized pursuant to law to consent to health care\nfor the subject with counseling or referrals for counseling: (i) for\ncoping with the emotional consequences of learning the result; (ii)\nregarding the discrimination problems that disclosure of the result\ncould cause; (iii) for behavior change to prevent transmission or\ncontraction of HIV infection; (iv) to inform such person of available\nmedical treatments; and (v) regarding the need to notify his or her\ncontacts; and (vi) regarding pre- and post-exposure prophylaxis\nmedications available to sexual partners to prevent HIV infection.\n (b) in the case of a test not indicating evidence of HIV infection,\nprovide (in a manner which may consist of oral or written reference to\ninformation previously provided) the subject of the test, or if the\nsubject lacks capacity to con
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