New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part, the following terms 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) 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 HIV
				infection.
(e) 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 or procedure, and to make an informed decision
				concerning such service, treatment or procedure.
(f) 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.
(g) 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.
(h) Health or social service means any public
				or private care, treatment, clinical laboratory test, counseling or educational
				service for adults or children, and acute, chronic, custodial, residential,
				outpatient, home or other health care provided pursuant to the Public Health
				Law or the Social Services Law; public assistance or care as defined in article
				1 of the Social Services Law; employment-related services, housing services,
				foster care, shelter, protective services, day care, or preventive services
				provided pursuant to the Social Services Law; services for the mentally
				disabled as defined in article 1 of the Mental Hygiene Law; probation services,
				provided pursuant to article 12 of the Executive Law; parole services, provided
				pursuant to article 12-B of the Executive Law; correctional services, provided
				pursuant to the Correction Law; and detention and rehabilitative services
				provided pursuant to article 19-G of the Executive Law.
(i) Release of confidential HIV-related
				information means a written authorization for disclosure of confidential
				HIV-related information which is signed by the protected individual, or if the
				protected individual lacks capacity to consent, a person authorized pursuant to
				law to consent to health care for the individual. Such release shall be dated
				and shall specify to whom disclosure is authorized, the purpose for such
				disclosure and the time period during which the release is to be effective. A
				general authorization for the release of medical or other information shall not
				be construed as a release of confidential HIV-related information, unless such
				authorization specifically indicates its dual purpose as a general
				authorization and an authorization for the release of confidential HIV-related
				information and complies with this definition.
(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) Health care provider means any physician,
				nurse, provider of services for the mentally disabled as defined in article one
				of the Mental Hygiene Law, or other person involved in providing medical,
				nursing, counseling, or other health care or mental health service. As used in
				this Part, the term includes but is not limited to, the Deputy
				Commissioner/Director of Correctional Medical Standards, the medical director
				of a correctional facility, physicians, dentists and nurses providing patient
				care, the counselor of the protected individual, if deemed necessary by the
				treating physician for the provision of counseling services, and department
				personnel involved in direct patient care, as determined by the
				physician.