W. Va. Code R. § 64-64-3 - Definitions
The following definitions of terms are in addition to those
in
3.1. Anonymous HIV Testing - HIV testing
performed on a voluntary patient by a health care provider with no knowledge of
the person's identity.
3.2. Body
Fluids - Substances that have been implicated in the transmission of HTV that
include:
3.2.a. Blood, semen, vaginal
secretions or other body fluids contaminated with visible blood; and
3.2.b. Cerebrospinal, oral, synovial,
pleural, peritoneal, pericardial, and amniotic fluids, which have an
undetermined risk for transmitting HIV.
3.3. Bureau - The Bureau for Public Health in
the Department of Health and Human Resources.
3.4. CLIA-88 - Clinical Laboratory
Improvement Amendments of 1988 ( Public Law 100-578 ) to Section 353 of the
Public Health Service Act (Title 42 U.S.C.
§ 263a).
3.5. Commissioner - The Commissioner of the
Bureau for Public Health.
3.6.
Confidential HIV Testing - HIV testing performed by a health care provider
identifying the patient by name. The use of test results is limited by
law.
3.7. Contact - When used as a
noun, a sexual or needle-sharing partner.
3.8. Convicted - Pleas of guilty and pleas of
nolo contendere accepted by the court having jurisdiction of the criminal
prosecution, a finding of guilty following a jury trial to a court, and a
juvenile delinquent or status offender as defined in
W. Va.
Code
§ 49-1-202.
3.9.
Funeral Director . - Any person engaged, or holding himself or herself out as
engaged, in the business of funeral directing as defined in
W. Va.
Code
§§
30-6-3(o) and
(p), and who uses in connection with his or
her name or business the words or terms "funeral director ," "undertaker,"
"mortician," or any other word, term, or title to imply or designate himself or
herself as a funeral director , undertaker, or mortician.
3.10. Funeral Establishment - A licensed
place of business devoted to: the care, preparation and arrangements for the
transporting, embalming, funeral, burial or other disposition of a deceased. A
funeral establishment includes a licensed crematory.
3.11. HIV-infected Person - A person who has
been diagnosed with AIDS or who has a positive confirmatory test for
HIV.
3.12. Legal Representative - A
person from whom substituted consent may be obtained as provided for in
W. Va. Code
§ 16-3C-4 for HTV-related testing or for the
authorization of the release of test results.
3.14. Post-Exposure Care - Care including an
initial HIV test following exposure and United States Centers for Disease
Control and Prevention (CDC) currently recommended follow-up HIV testing,
counseling, medical evaluation and provision for post-exposure prophylactic
treatment.
3.15. Source Patient -
Any person whose body fluids have been the source of a significant exposure to
a health care provider or emergency responder or other
person.
Notes
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