S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3650

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. DiPIETRO, CROUCH -- Multi-Sponsored by -- M. of
  A. KOLB, RAIA, TENNEY -- read once and referred to  the  Committee  on
  Correction

AN ACT to amend the correction law and the education law, in relation to
  providing  for the medical testing of certain inmates upon application
  for certain privileges and authorizing the   disclosure of  such  test
  results for such purpose and diagnosing of certain disease symptoms

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The correction law is amended by adding two  new  sections
144 and 145 to read as follows:
  S 144. MEDICAL TESTING OF CERTAIN INMATES UPON APPLICATION FOR CERTAIN
PRIVILEGES. 1. INMATES APPLYING TO THE COMMISSIONER TO MARRY, TO PARTIC-
IPATE  IN  THE  FAMILY REUNION PROGRAM, OR TO PARTICIPATE IN A TEMPORARY
RELEASE PROGRAM, SHALL SUBMIT TO A TEST FOR EVIDENCE OF ACQUIRED  IMMUNE
DEFICIENCY  SYNDROME  (AIDS),  THE AIDS RELATED COMPLEX (ARC), AND HUMAN
IMMUNODEFICIENCY VIRUS (HIV) INFECTION.  AS SCIENTIFIC KNOWLEDGE OF  THE
AIDS  DISEASE  INCREASES,  USAGE OF TERMINOLOGY AND ADDITIONAL TESTS FOR
HIV OR FOR LEVELS OF ANTIGEN  OR  ANTIBODY  SHALL  BE  MODIFIED  BY  THE
COMMISSIONER IN ACCORDANCE WITH THE LATEST PUBLICATION MADE AVAILABLE BY
THE FEDERAL CENTERS FOR DISEASE CONTROL.
  2. UPON PROOF THAT ANY IDENTIFIABLE INMATE SEEKING APPROVAL FOR ONE OR
MORE OF THE PRIVILEGES SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, HAS
TESTED  POSITIVE,  HAS  A  CERTAIN  LEVEL  OF ANTIGEN OR ANTIBODY OR HAS
OTHERWISE TESTED POSITIVE FOR INFECTION WITH HIV OR INFECTION  WITH  THE
PROBABLE  CAUSATIVE  AGENT  OF  AIDS,  THE  COMMISSIONER  MAY  DENY SUCH
REQUESTED PRIVILEGE TO SUCH INMATE.
  3. INMATES GRANTED THE PRIVILEGE TO PARTICIPATE IN THE FAMILY  REUNION
PROGRAM  OR A TEMPORARY RELEASE PROGRAM SHALL SUBMIT TO ANY OF THE TESTS
SPECIFIED IN SUBDIVISION ONE OF THIS  SECTION  DURING  PARTICIPATION  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07843-01-5

              

A. 3650                             2

SUCH  PROGRAM AT INTERVALS DETERMINED BY THE COMMISSIONER BUT IN NO CASE
LESS THAN SIX MONTH INTERVALS.
  S  145.  NOTIFICATION  OF  DISEASE  SYMPTOMS.  UPON THE DIAGNOSIS BY A
FACILITY HEALTH DIRECTOR OR ANY OTHER MEDICAL SERVICE  PROVIDER  AUTHOR-
IZED  BY  THE DEPARTMENT TO EXAMINE INMATES, THAT AN INMATE HAS SYMPTOMS
OF ACQUIRED IMMUNE DEFICIENCY SYNDROME, NOTICE OF THE DIAGNOSIS SHALL BE
PROVIDED TO ALL EMPLOYEES  OF  THE  DEPARTMENT  WHO  CAN  REASONABLY  BE
EXPECTED TO BE INVOLVED IN THE SUPERVISION AND CARE OF SAID INMATE.
  S 2. Subdivision 1 of section 1007 of the education law, as amended by
chapter 656 of the laws of 1999, is amended to read as follows:
  1.  It  shall be unlawful, except for purposes directly connected with
the administration of the  vocational  rehabilitation  program  AND  FOR
PURPOSES  OF  SECTION  ONE HUNDRED FORTY-FIVE OF THE CORRECTION LAW, for
any person or persons to solicit, disclose, receive, or make use of,  or
authorize,  knowingly permit, participate in, or acquiesce in the use of
any list of, or names of, or any information concerning, persons  apply-
ing  for  or receiving vocational rehabilitation, directly or indirectly
derived from the [record] RECORDS, papers, files, communications of  the
state  or subdivisions or agencies thereof, or acquired in the course of
the performance of official duties without  the  consent  of  each  such
applicant  or  recipient. Such records, papers, files and communications
shall be regarded as confidential information and privileged within  the
meaning of section forty-five hundred four of the civil practice law and
rules.
  S  3.    This  act  shall  take  effect  on the first of November next
succeeding the date on which it shall have become a law.