N.Y. Comp. Codes R. & Regs. Tit. 7 § 7.2 - Definitions
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.
Notes
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No prior version found.