New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following definitions shall
						apply to the terms listed below:
(a)
					 HIV infection means infection with the human immoundeficiency virus or any
					 other related virus identified as a probable causative agent of AIDS.
(b) HIV-related illness means any clinical
					 illness that may result from or be associated with HIV infection.
(c) 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.
(d) 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.
(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, in the possession of a person who provides 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.
(g) 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; public assistance, employment-related
					 services, housing services, foster care, shelter, protective services, day
					 care, or preventive services; 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, and including local correctional facilities.
(h) 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.
(i) Health care
					 provider means any physician, nurse, provider of services for the mentally
					 disabled or other person 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;
					 including local correctional facility medical service providers.
(j) Contact means an identified spouse or sex
					 partner of the protected individual or a person identified as having been
					 exposed to infected blood or semen from the protected individual.
(k) Person includes any natural persons,
					 partnership, association, joint venture, trust, public or private corporation
					 or State or local government agency.