§ 2781-a. Required offering of HIV related testing. 1. Every\nindividual age thirteen and older (or younger than thirteen if there is\nevidence or indication of risk activity) who receives health services as\nan inpatient or in the emergency department of a general hospital\ndefined in subdivision ten of section twenty-eight hundred one of this\nchapter or who receives primary care services in an outpatient\ndepartment of such hospital or in a diagnostic and treatment center\nlicensed under article twenty-eight of this chapter or from a physician,\nphysician assistant, nurse practitioner, or midwife providing primary\ncare shall in accordance with subdivision one of section two thousand\nseven hundred eighty-one of this article be offered an HIV related test\nunless the health care practitioner providing such services reasonably\nbelieves that (a) the individual is being treated for a life threatening\nemergency; or (b) the individual has previously been offered or has been\nthe subject of an HIV related test (except that a test shall be offered\nif otherwise indicated); or (c) the individual lacks capacity to consent\nto an HIV related test.\n 2. As used in this section, "primary care" means the medical fields of\nfamily medicine, general pediatrics, primary care, internal medicine,\nprimary care obstetrics, or primary care gynecology, without regard to\nboard certification.\n 3. The offering of HIV related testing under this section shall be\nculturally and linguistically appropriate in accordance with rules and\nregulations promulgated by the commissioner.\n 4. This section shall not affect the scope of practice of any health\ncare practitioner or diminish any authority or legal or professional\nobligation of any health care practitioner to offer an HIV related test\nor to provide services or care for the subject of an HIV related test.\n
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