02-031 C.M.R. ch. 490, § 3 - Definitions

A. "Informed Consent" means consent to testing for the presence of antibodies to the Human Immunodeficiency Virus or for the presence of the Human Immunodeficiency Antigen. The Informed Consent shall be based on an actual understanding by the person to be tested:

1. That the test is being performed;

2. Of the nature of the test;

3. Of the persons to whom the results of that test may be disclosed;

4. Of the purpose for which the test results may be used; and

5. Of any reasonably foreseeable risks and benefits resulting from the test.

The informed consent shall be wholly voluntarily and free from express or implied coercion.

B. "Antibodies" to HIV means the specific immunoglobulin produced by the body's immune system in response to HIV.

C. "HIV" means the Human Immunodeficiency Virus identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS.

D. "HIV Antigen" means the specific immune-recognizable marker protein of HIV.

E. "HIV Infection" means the state where HIV invades the body and is believed to be present in the body as indicated by a repeatedly positive enzyme immunoassay (EIA), and confirmed by a positive Western Blot immunofluorescence assay, or other generally accepted secondary level testing.

F. "HIV Test" means a test which tests for the presence of the antibody to HIV or a test for an HIV antigen.

G. "Nonprofit Entity" means a nonprofit hospital or medical service organization or a nonprofit health care plan.

H. "Post-Test Counseling" for persons required to take an HIV test by an insurer, nonprofit hospital or medical service organization, or health care plan shall be defined pursuant to 5 M.R.S.A. §19204-A.

I. "Superintendent" means Superintendent of Insurance.

Notes

02-031 C.M.R. ch. 490, § 3