§ 2760. Advisory panel established. 1. A state advisory panel for the evaluation of health care workers with human immunodeficiency virus (HIV) or hepatitis B (HBV) (hereinafter referred to in this article as HIV/HBV) is hereby established in the department. This panel shall be known as the health care worker HIV/HBV advisory panel and shall be composed of three to five members. The commissioner shall appoint three members for a term of two years: a state or local public health officer, an infectious disease expert and an expert in infection control or epidemiology. For the purpose of the panel's deliberations on a specific case: (a) the commissioner may appoint a health professional with expertise relevant to procedures performed by the health care worker, provided, however, that the commissioner shall appoint such professional if the health care worker so requests; and (b) the commissioner shall, at the health care worker's request, appoint the health care worker's personal physician. The commissioner shall appoint the chairperson of the panel. A vacancy occurring during a term shall be filled by appointment by the commissioner for the unexpired term. Any member may be removed from the panel at the pleasure of the commissioner.

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2. Each member of the panel shall receive up to one hundred fifty dollars as prescribed by the commissioner for each day devoted to panel work not to exceed forty-five hundred dollars in any one year, and shall be reimbursed for actual and necessary expenses incurred in the performance of his/her duties.

3. The department shall advise the panel members of statutory and regulatory confidentiality provisions and restrictions on disclosure of information which are applicable to the panel members and to panel operations.