New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter V - Regulations Of The Department Of Civil Service (president's Regulations)
Part 83 - Confidentiality Of Hiv And Aids Related Information
Section 83.2 - Definitions

Universal Citation: 4 NY Comp Codes Rules and Regs ยง 83.2

Current through Register Vol. 45, No. 52, December 27, 2023

For the purposes of this Part:

(a) The term department or Department of Civil Service means the New York State Department of Civil Service.

(b) The term 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.

(c) The term HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

(d) The term HIV related illness means any illness that may result from or may be associated with HIV infection.

(e) The term HIV related test means any laboratory test or series of tests for any virus, antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the presence of HIV/AIDS.

(f) The term confidential HIV related information means any information concerning whether an individual has been the subject of an HIV related test, or 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.

(g) The term contact means an identified spouse or sex partner of the protected individual or a person identified as having shared hypodermic needles or syringes with the protected individual.

(h) The term significant risk of transmitting or contracting HIV infection or significant risk includes the following circumstances:

(1) sexual contact which exposes a mucous membrane or broken skin of a noninfected individual to blood, semen or vaginal secretions of an infected individual;

(2) sharing of needles or other paraphernalia used for preparing and injecting drugs between infected and noninfected individuals;

(3) the gestation, birthing or breast feeding of an infant when the mother is infected with HIV;

(4) transfusion or transplantation of blood, organs, or other tissues obtained from an infected individual to an uninfected individual, provided that such products have not tested negatively for antibody or antigen and have not been rendered noninfective by heat or chemical treatment;

(5) other circumstances, not identified in paragraphs (1) through (4) of this subdivision, during which a significant risk body substance (other than breast milk) of an infected person contacts mucous membranes (e.g., eyes, nose, mouth) or nonintact skin (e.g., open wound, dermatitis, abraded areas) or the vascular system of a noninfected person;

(6) circumstances that constitute significant risk shall not include:
(i) exposure to urine, feces, sputum, nasal secretions, saliva, sweat, tears or vomitus that does not contain visible blood;

(ii) human bites where there is no direct blood to blood, or blood to mucous membrane contact;

(iii) exposure of intact skin to blood or any other body substance; and

(iv) occupational settings where individuals use scientifically accepted barrier techniques and preventing practices in circumstances which would otherwise pose a significant risk.

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