Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
§ 3-08 Privacy and Confidentiality.
   (a)   Policy. The Health Authority shall establish and implement written policies and procedures which recognize the rights of people in custody to private and confidential treatment and consultations consistent with legal requirements, professional standards, and sound professional judgment and practice.
   (b)   Privacy. 
      (1)   All consultations and evaluations between people in custody and health care personnel will be confidential and private.
         (i)   Correctional personnel may be present during the delivery of health services when health care and correctional personnel determine that such action is necessary for the safety and/or security of any person.
         (ii)   Correctional personnel shall remain sufficiently distant from the place of health care encounters so that quiet conversations between people in custody and health care personnel cannot be overheard. Every effort shall be made to maintain aural and, where possible, visual privacy during encounters between health care personnel and people in custody.
      (2)   The Health Authority shall not conduct body cavity searches or strip searches.
   (c)   Confidentiality. 
      (1)   Information obtained by health care personnel from people in custody in the course of treatment or consultations shall be confidential except as provided in 40 RCNY § 3-03(b)(3)(iv) and 40 RCNY § 3-08(c)(3).
         (i)   All professional standards and legal requirements pertaining to the physician-patient privilege apply.
      (2)   Active health records shall be maintained by health care personnel separately from the confinement record and shall be kept in a secure location.
         (i)   Access to health records shall be controlled by the Health Authority.
         (ii)   Health records shall not be released, communicated or otherwise made available to any person, except treatment personnel or as pursuant to a lawful court order, without the written authorization of the person in custody, except in emergency situations described in 40 RCNY § 3-03(b)(3)(iv).
      (3)   Subject to applicable State and Federal law, health care personnel may report a person in custody's health information to correctional authorities without the written consent of the person in custody only when such information is necessary to provide appropriate health services to the person or to protect the health and safety of the person or others. Disclosures made under this section shall not include:
         (i)   The entire health record;
         (ii)   Specific diagnoses, with the following exceptions:
            (A)   specific diagnoses of injuries sustained by people while in custody may be shared with appropriate correctional personnel for the limited purposes of investigating and identifying trends related to injuries;
            (B)   When an exposure to a specific communicable disease other than a common sexually transmitted infection has occurred in a facility, the Health Authority may disclose an individual's communicable disease diagnosis to appropriate correctional personnel for the limited purpose of contact tracing, and only when disclosing the identity of the individual is absolutely necessary to protect the health and safety of potentially exposed persons. In all other cases involving persons in custody with communicable diseases, the correctional personnel shall be instructed by health care personnel on proper precautions needed to protect correctional personnel and others without being told disease-specific diagnoses for individuals. Disclosures of individuals' communicable disease diagnoses made pursuant to this provision shall be reported to the Board in writing within 24 hours.
      (4)   Correctional personnel shall keep confidential any health-related information or records of a person in custody that the officer receives from health care personnel. Information received by correctional personnel pursuant to 40 RCNY § 3-08(c)(3)(ii) shall not be re-disclosed to anyone, including other correctional personnel.
      (5)   When a person in custody communicates health-related information to correctional personnel to obtain access to health services or treatment of a health condition, correctional personnel shall keep such information confidential. People in custody need not disclose their specific medical complaints to correction personnel to obtain medical assistance.
      (6)   To assure continuity of care and avoid unnecessary duplication of tests and examinations, a person in custody's health information shall be made available to health care personnel when that person is transferred to another correctional or health care facility.
         (i)   When a person in custody is transferred from one correctional facility to another within the New York City Department of Correction, the person's complete health record shall be maintained and available in each location.
         (ii)   When a person in custody is transferred to or from a municipal hospital ward, a pertinent summary of the person's health record shall accompany the transfer.
         (iii)   When a person in custody is transferred to another correctional system, a record summary defined by the receiving and sending systems shall accompany the person.
         (iv)   Complete health record information shall be transferred to specific and designated physicians outside the jurisdiction of the Department of Correction upon the request and written authorization of the person in custody for the release of such information. The release form must specify the information to be transferred.
   (d)   Experimentation. 
      (1)   Biomedical, behavioral, pharmaceutical, and cosmetic research involving the use of any person in custody shall be prohibited except where:
         (i)   the person in custody has voluntarily given his/her informed consent, pursuant to 40 RCNY § 3-06(j); and
         (ii)   all ethical, medical and legal requirements regarding human research are satisfied; and
         (iii)   the research satisfies all standards of design, control and safety; and
         (iv)   the Health Authority has approved the proposed research, in writing.
      (2)   The use of a new medical protocol for individual treatment of a a person in custody by the person's physician will not be prohibited, provided that such treatment is conducted subsequent to a full explanation to the person of the positive and negative features of the treatment, all requirements of 40 RCNY § 3-06(j) regarding informed consent have been satisfied, and the protocol/treatment has been reviewed by the appropriate local and institutional review boards as required by applicable Federal, State and local laws. As an example, the protocol must be reviewed by an established human research review committee with representation by advocates for people in custody.
(Amended City Record 7/22/2019, eff. 8/21/2019)