New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.4 - Definitions pertaining to this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) HIV infection means infection with the
				human immunodeficiency virus or any other related virus identified as a
				probable causative agent of AIDS.
(b) HIV-related illness means any illness
				that may result from or be associated with HIV infection.
(c) 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
				infection.
(d) Capacity to consent
				means an individual's ability, determined without regard to such individual's
				age, to understand and appreciate the nature and consequences of a proposed
				health care service, treatment of procedure, and to make an informal decision
				concerning such service, treatment or procedure.
(e) 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.
(f) Confidential HIV-related information
				means any information, in the possession of a person who provides one or more
				health or social services or who obtains the information pursuant to a release
				of confidential HIV-related 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) Health or social services means any
				public or private care, treatment, clinical laboratory test, counseling or
				educational service for youth, and acute, chronic, custodial, residential,
				outpatient, home or other health care; public assistance; employment-related
				services, housing services, foster care, shelter, protective services, day
				care, or preventive services; services for the mentally disabled; probation
				services; parole services; correctional services; and detention and
				rehabilitative services, all as defined in section 2780 (8)  of the Public Health
				Law.
(h) Health facility means a
				hospital as defined in section 2801  of the Public Health Law, blood bank, blood
				center, sperm bank, organ or tissue bank, clinical laboratory, or facility
				providing care or treatment to persons with a mental disability.
(i) Health care provider means any physician,
				nurse, provider of services for the mentally disabled or other person involved
				in providing medical, nursing, counseling, or other health care or mental
				health service including those associated with, or under contract to, a health
				maintenance organization or medical services plan.
(j) 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.
(k) Person includes any natural person,
				partnership, association, joint venture, trust, public or private corporation
				or State or local government agency.
(l) Division means the New York State
				Division for Youth.
(m) Youth means
				any person between the ages of seven and 21 years (inclusive) who resides in
				any facility operated by the Division for Youth, including foster homes and
				group homes.
(n) AIDS means
				acquired immunue deficiency syndrome, as may be defined from time to time by
				the Centers for Disease Control of the United States Public Health
				Service.