New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 505 - Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 505.4 - Definitions pertaining to this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Capacity to consent means an individual's
				ability, without regard to such individual's age, to understand and appreciate
				the nature and consequences of a proposed health care service, treatment or
				procedure, and to make an informed decision concerning such service, treatment
				or procedure.
(b) 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.
(c) Contact means an
				identified spouse or sex partner of the protected individual or person
				identified as having shared hypodermic needles or syringes with the protected
				individual.
(d) Health care
				provider means any physician, nurse, provider of services for the mentally
				disabled, or other persons 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.
(e) 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.
(f) Health or social
				service means any public or private care, treatment, clinical laboratory test,
				counseling or education service for adult or children, 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 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.
(g) HIV infection means
				infection with the human immunodeficiency virus or any other related virus
				identified as a probable causative agent of AIDS.
(h) HIV-related illness means any illness
				that may result from or be associated with HIV infection.
(i) HIV-related test means any laboratory
				test or series of tests for any virus, antibody, antigen or etiologic agent
				thought to cause or to indicate the presence of HIV infection.
(j) Person includes any natural person,
				partnership, association, joint venture, trust, public or private corporation
				or State or local government agency.
(k) Protected individuals 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.