N.Y. PBH Law § 2760

§ 2760. Advisory panel established. 1. A state advisory panel for the\nevaluation of health care workers with human immunodeficiency virus\n(HIV) or hepatitis B (HBV) (hereinafter referred to in this article as\nHIV/HBV) is hereby established in the department. This panel shall be\nknown as the health care worker HIV/HBV advisory panel and shall be\ncomposed of three to five members. The commissioner shall appoint three\nmembers for a term of two years: a state or local public health officer,\nan infectious disease expert and an expert in infection control or\nepidemiology. For the purpose of the panel's deliberations on a specific\ncase: (a) the commissioner may appoint a health professional with\nexpertise relevant to procedures performed by the health care worker,\nprovided, however, that the commissioner shall appoint such professional\nif the health care worker so requests; and (b) the commissioner shall,\nat the health care worker's request, appoint the health care worker's\npersonal physician. The commissioner shall appoint the chairperson of\nthe panel. A vacancy occurring during a term shall be filled by\nappointment by the commissioner for the unexpired term. Any member may\nbe removed from the panel at the pleasure of the commissioner.\n 2. Each member of the panel shall receive up to one hundred fifty\ndollars as prescribed by the commissioner for each day devoted to panel\nwork not to exceed forty-five hundred dollars in any one year, and shall\nbe reimbursed for actual and necessary expenses incurred in the\nperformance of his/her duties.\n 3. The department shall advise the panel members of statutory and\nregulatory confidentiality provisions and restrictions on disclosure of\ninformation which are applicable to the panel members and to panel\noperations.\n