New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter I - General Provisions
Part 7 - Aids Confidentiality
Section 7.9 - Significant risk
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 7.9
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The three factors necessary to create a significant risk of contracting or transmitting HIV infection are:
(1) the presence of a
significant risk body substance;
(2) a circumstance which constitutes
significant risk for transmitting or contracting HIV infection; and
(3) the presence of an infectious source and
a noninfected person.
(b) Significant risk body substances are blood, semen, vaginal secretions, breast milk, tissue and the following body fluids: cerebrospinal, amniotic, peritoneal, synovial, pericardial, and pleural.
(c) Circumstances which constitute significant risk for transmitting or contracting HIV infection are as follows:
(1) sexual intercourse (vaginal,
anal, oral) which exposes a noninfected individual to blood, semen or vaginal
secretions of an infected individual;
(2) sharing of needles and 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, providing 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 individual contacts mucous membranes (e.g., eyes, nose,
mouth), nonintact skin (e.g., open wound, skin with a dermatitis condition,
abraded areas), or the vascular system of a noninfected person. Such
circumstances include, but are not limited to, needle stick or puncture wound
injuries and direct saturation or permeation of these body surfaces by the
infectious body substance.
(d) Circumstances that involve significant risk shall not include:
(1) exposure to
urine, feces, sputum, nasal secretions, saliva, sweat, tears or vomitus that
does not contain blood that is visible to the naked eye;
(2) human bites where there is no direct
blood to blood, or blood to mucous membrane contact;
(3) exposure of intact skin to blood or any
other body substance;
(4)
occupational settings where individuals use scientifically accepted barrier
techniques and preventive practices in circumstances which would otherwise pose
a significant risk.
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