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

Current through Register Vol. 46, No. 28, July 10, 2024
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.