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Regulation 5055: HIV/AIDS Regulation - Students

Regulation 5055: HIV/AIDS Regulation - Students

Administrative Regulation

Approved by Superintendent of Schools: October 14, 1998

  1. Definitions

    1. "HIV-related illness" means any clinical illness that may result from or be associated with HIV infection, including AIDS.
    2. "Protected individual" shall mean a person who is the subject of an HIV-related test or who has been diagnosed as having HIV-related illness.
    3. "Capacity to consent" means an individual's ability, determined without regard to such individual's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure, and to make an informed decision concerning such service, treatment or procedure.
  2. Release of Information

    School officials and employees shall keep HIV-related information confidential, however obtained. The information shall not be disclosed to any person unless:

    • The protected individual (or a person with the capacity to consent) has completed and signed the Health Department Authorization to Release form; ("Authorization Form") and the information is only released to the individual(s) indicated on the Authorization Form, for the time period specified and only for the purpose stated on the form; or
    • A court order under Public Health Law §2785 has been issued and the information is only released to the individual(s) indicated in the order, for the time period specified and only for the purpose stated in the order; or
    • The person to whom the information has been furnished is authorized to receive such information under Public Health Law §2782 without an Authorization Form (e.g., physicians providing care, agencies monitoring such care and insurance companies for payment purposes).

    Disclosure of such information to any officer, employee, or agent of the School District requires an Authorization Form or court order.

    Any questions regarding the Authorization Form or court order shall be referred to the School Attorney.

  3. Testing

    No HIV-related testing of any student shall take place without first receiving the written informed consent of the person to be tested on a form approved by the State Health Department. Such consent shall only be given by an individual with the capacity to consent, as defined above.

  4. Procedures

    The procedures set forth herein shall be followed in all instances where the School District receives confidential HIV-related information concerning a student from the student and/or person in parental relation to the student, with or without benefit of an Authorization Form or court order.

    1. The employee to whom the HIV-related information is given is prohibited from disclosure of confidential HIV-related information without authorization for release of such information. Unauthorized disclosure made by a school employee to other employees, students or members of the public will result in penalties pursuant to Article 27-F of the Public Health Law and disciplinary procedures in accordance with law and any applicable collectively negotiated agreement.
    2. The person in parental relation or student should be encouraged to sign an Authorization Form and identify other individuals to whom this information may be disclosed.
    3. If the employee to whom the information has been given is a teacher or administrator, he or she shall request a meeting with the person in parental relation and/or the student for the purpose of discussing the student's condition, concerns and, should the situation arise, educational alternatives. Such alternatives may include home instruction during periods of short-term illness, as well as the provision of educationally related support services.
  5. Additional Matters

    In the event of the presence of any contagious or communicable disease (such as chicken pox, measles, etc.) in the school population which may constitute a risk to an infected individual, the Superintendent or school nurse with authorization to obtain the confidential HIV-related information may inform the student, the student's parent or person in parental relationship about such risk. Any temporary decision or recommendation in such circumstances should be made by the individual's personal physician and the student's parents or person in parental relationship, in consultation with the Superintendent, School Physician and/or school nurse.

Administrative Regulation

Approved by Superintendent of Schools: October 14, 1998