New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
				  following meanings:
(a)
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.
(b)
Capacity to consent
means an individual's ability, determined
				without regard to age, to understand and appreciate the nature and consequences
				of a proposed health care service, treatment or procedure, or of a proposed
				disclosure of confidential HIV related information, and to make an informed
				decision concerning such service, treatment, procedure or disclosure.
(c)
Contact
means a person
				who the protected individual may have exposed to HIV under circumstances
				presenting a risk of HIV transmission.
(d)
Confidential HIV-related
				information
means any information concerning whether an individual has
				been the subject of an HIV-related test, 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.
(e)
Health care provider
means any provider of services for the mentally disabled as defined in article
				one of the Mental Hygiene Law, or other health care or mental health service,
				including those associated with, or under contract to, a third-party
				payor.
(f)
Health
				facility
means a hospital, blood bank, blood center, sperm bank, organ
				or tissue bank, clinical laboratory, or a facility providing care or treatment
				to persons with a mental disability.
(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 which may result from or be associated with HIV
				infection.
(i)
HIV-related
				test
means any laboratory test or series of tests approved for the
				diagnosis of HIV.
(j)
Post-exposure prophylaxis (PEP)
means the use of
				antiretroviral medication to prevent acquisition of HIV infection among
				HIV-negative people who report a specific high-risk exposure to HIV, such as
				through sexual contact or sharing injection equipment with someone who might
				have HIV.
(k)
Pre-exposure
				prophylaxis (PrEP)
means the use of antiretroviral medication to
				prevent acquisition of HIV infection by HIV-negative people who are at risk of
				being exposed to HIV, such as through sexual contact or sharing injection
				equipment with someone who might have HIV.
(l)
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.
(m)
Significant risk
or
significant risk body substance
means any circumstance or
				substance which may cause the transmission of HIV.
(n)
Staff
, for purposes of
				this Part, means any staff member, employee, associate, agent, intern,
				volunteer, or contractor working for or with the provider.