New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) AIDS means acquired immune deficiency
				syndrome, as may be defined from time to time by the centers for disease
				control (CDC) of the United States Public Health Service.
(b) HIV infection means infection with the
				human immunodeficiency virus or any other related virus identified as a
				probable causative agent of AIDS.
(c) HIV-related illness means any illness
				that may result from or may be associated with HIV infection.
(d) 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 AIDS.
(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 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, when such information is in the possession of a provider
				of one or more health or social services or has been obtained pursuant to a
				release of confidential HIV-related information. Parole services provided by
				the division are health or social services pursuant to Public Health Law,
				section
				2780(8). When such
				information is in the possession of an authorized officer, employee or agent of
				the division, the provisions of these regulations apply regardless of whether
				the information has been obtained by consent, by authorized disclosure pursuant
				to the provisions of the HIV- and AIDS-Related Information Act (Public Health
				Law, article 27-F), or in any other manner, including from unofficial sources
				or through unofficial communications.
(g) Authorized officer or employee means an
				officer or employee of the division who is permitted to have access to
				confidential HIV information; such individuals, described more specifically in
				section
				8011.4 
				of this Part, are those officers and employees who, in the performance of their
				duties for the division, need to have access to records or information relating
				to the care of, treatment of, or administration or provision of parole services
				to, protected individuals.
(h)
				Authorized agent means:
(1) an entity that has
				contracted with the division to provide treatment or parole services to
				parolees, or an employee of such entity, provided that the entity, or the
				employee, needs to know confidential HIV-related information in order to
				provide the contracted for service; and
(2) attorneys providing legal services to the
				division, its officers, or employees provided that access occurs in the
				ordinary course of providing legal services and is reasonably necessary for the
				provision of legal services.