New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 807 - Responsibilities Regarding HIV/AIDS
Section 807.4 - Definitions
Current through Register Vol. 46, No. 12, March 20, 2024
As used in this Part, the following terms shall have the following meanings:
(a) AIDS means acquired immune deficiency syndrome, as may be defined from time to time by the Centers for Disease Control of the United States Public Health Service.
(b) Capacity to consent means an individual's ability, determined without regard to age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure, or of a proposed disclosure of confidential HIV related information, and to make an informed decision concerning such service, treatment, procedure or disclosure.
(c) Contact means a person who the protected individual may have exposed to HIV under circumstances presenting a risk of HIV transmission.
(d) Confidential HIV-related information means any information concerning whether an individual has been the subject of an HIV-related test, has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts.
(e) Health care provider means any provider of services for the mentally disabled as defined in article one of the Mental Hygiene Law, or other health care or mental health service, including those associated with, or under contract to, a third-party payor.
(f) Health facility means a hospital, blood bank, blood center, sperm bank, organ or tissue bank, clinical laboratory, or a facility providing care or treatment to persons with a mental disability.
(g) HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
(h) HIV-related illness means any illness which may result from or be associated with HIV infection.
(i) HIV-related test means any laboratory test or series of tests approved for the diagnosis of HIV.
(j) Post-exposure prophylaxis (PEP) means the use of antiretroviral medication to prevent acquisition of HIV infection among HIV-negative people who report a specific high-risk exposure to HIV, such as through sexual contact or sharing injection equipment with someone who might have HIV.
(k) Pre-exposure prophylaxis (PrEP) means the use of antiretroviral medication to prevent acquisition of HIV infection by HIV-negative people who are at risk of being exposed to HIV, such as through sexual contact or sharing injection equipment with someone who might have HIV.
(l) Protected individual means a person who is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS or HIV-related illness.
(m) Significant risk or significant risk body substance means any circumstance or substance which may cause the transmission of HIV.
(n) Staff, for purposes of this Part, means any staff member, employee, associate, agent, intern, volunteer, or contractor working for or with the provider.
