This law also amends New York State Public Health Law (subdivision 1 of section 2805-i) by adding a new paragraph that specifies that health care facilities providing treatment to victims/survivors of a sexual offense must:
1. offer and make available "appropriate HIV post-exposure treatment therapies in cases where it has been determined, in accordance with guidelines issued by the commissioner, that a significant exposure to HIV has occurred," and
2. inform the victim/survivor that "payment assistance for such therapies may be available from the New York State Crime Victims Board pursuant to the provisions of article twenty-two of the executive law."
The New York State Department of Health has been requested to provide guidance for the following scenarios.
1. The court must order HIV-related testing of the defendant when the result would provide medical or psychological benefit to the victim/survivor.
* Medical and Psychological Benefit Guidance for Defendant Testing, NYS DOH AIDS Institute, (10/07) can be found at www.hivguidelines.org.
* This guidance also addresses what type of test should be ordered and whether follow-up testing would be medically appropriate.
2. The court should designate a county public health officer to conduct the test.
* For test site locations:
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