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

                                  6477

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2013
                               ___________

Introduced  by  M. of A. DIPIETRO, CROUCH -- Multi-Sponsored by -- M. of
  A. RAIA -- 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
SUCH PROGRAM AT INTERVALS DETERMINED BY THE COMMISSIONER BUT IN NO  CASE
LESS THAN SIX MONTH INTERVALS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03275-01-3
              

A. 6477                             2

  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.