N.Y. Comp. Codes R. & Regs. tit. 9 § 8011.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 8011.2 - Definitions

When used in this Part:

(a) AIDS means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control (CDC) 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 AIDS.

(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 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, when such information is in the possession of a provider of one or more health or social services or has been obtained pursuant to a release of confidential HIV-related information. Parole services provided by the division are health or social services pursuant to Public Health Law, section 2780(8). When such information is in the possession of an authorized officer, employee or agent of the division, the provisions of these regulations apply regardless of whether the information has been obtained by consent, by authorized disclosure pursuant to the provisions of the HIV- and AIDS-Related Information Act (Public Health Law, article 27-F), or in any other manner, including from unofficial sources or through unofficial communications.

(g) Authorized officer or employee means an officer or employee of the division who is permitted to have access to confidential HIV information; such individuals, described more specifically in section 8011.4 of this Part, are those officers and employees who, in the performance of their duties for the division, need to have access to records or information relating to the care of, treatment of, or administration or provision of parole services to, protected individuals.

(h) Authorized agent means:

(1) an entity that has contracted with the division to provide treatment or parole services to parolees, or an employee of such entity, provided that the entity, or the employee, needs to know confidential HIV-related information in order to provide the contracted for service; and

(2) attorneys providing legal services to the division, its officers, or employees provided that access occurs in the ordinary course of providing legal services and is reasonably necessary for the provision of legal services.

(i) Need to know means that knowledge of confidential HIV-related information is reasonably necessary in order to provide appropriate treatment or parole services to recipients of such services, or to audit, monitor or supervise the provision of such services, or to administer or plan the provision of such services on an individual, regional or statewide planning basis.

(j) Treatment or parole services means services provided to inmates or releasees by officers, employees or agents of the division pursuant to article 12-B of the Executive Law, officers or employees of the United States Parole Commission, or parole officers of another state pursuant to article 12-B of the Executive Law.

(k) Release of confidential HIV-related information means a written authorization for disclosure of confidential HIV-related information which complies with the requirements of PHL, section 2780(9). Any such release obtained from a protected individual by any officer or employee of the division shall be obtained only by using Department of Health approved form (see subdivision [r] of this section)--Division of Parole form 4136.

(l) 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.

(m) 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, including those associated with, or under contract to, a health maintenance organization or medical services plan. As used in this Part, the term includes the medical director of a State correctional facility, and also includes any physician providing any officer, employee or agent of the division with a confirmed diagnosis of AIDS, HIV infection or HIV-related illness.

(n) 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.

(o) Significant risk of transmitting or contracting HIV infection or significant risk means the circumstances set forth in regulations promulgated by the Department of Health at 10 NYCRR section 63.9. Those provisions are summarized as follows. The following body fluids and substances are currently considered to be significant risk body substances: blood, semen, vaginal secretions, breast milk, tissue, cerebrospinal fluid, amniotic fluid, peritoneal fluid, synovial fluid, pericardial fluid, and plueral fluid. The following circumstances constitute significant risk of transmitting or contracting HIV infection:

(1) sexual contact which exposes a mucous membrane or broken skin to blood, semen or vaginal secretions of an infected individual;

(2) sharing of needles or other paraphernalia used for preparing and injecting drugs between infected and noninfected individuals;

(3) the gestation, birthing or breast feeding of an infant when the mother is infected with HIV;

(4) transfusion or transplantation of blood, organs, or other tissues obtained from an infected individual to an uninfected individual, provided that such products have not tested negatively for antibody or antigen and have not been rendered noninfective by heat or chemical treatment; and

(5) other circumstances, not identified in paragraphs (1) through (4) of this subdivision, during which a significant risk body substance (other than breast milk) of an infected person contacts mucous membranes (e.g., eyes, nose, mouth) or nonintact skin (e.g., open wound, dermatitis, abraded areas) or the vascular system of a non-infected person.[FN1]

(p) Confirmed diagnosis means confirmation provided by an authorized laboratory that an individual has AIDS, HIV-related illness, or HIV infection.

(q) Universal precautions means the use of scientifically accepted protective barriers and preventive practices in circumstances which involve, or may involve, exposure to significant risk body substances or potentially contaminated implements which may cause puncture wounds.

(r) Form 4136--authorization for release of confidential HIV-related information.

Authorization for Release of Confidential HIV [FN*] Related Information

Confidential HIV-Related Information is any information indicating that a person had an HIV-related test, or has HIV infection, HIV-related illness, or AIDS, or any information which could indicate that a person has been potentially exposed to HIV.

Under New York State Law, except for certain people, confidential HIV-related information can only be given to persons you allow to have it by signing a release. You can ask for a list of people who can be given confidential HIV-related information without a release form.

If you sign this form, HIV-related information can be given to the people listed on the form, and for the reason(s) listed on the form. You do not have to sign the form, and you can change your mind at any time.

If you experience discrimination because of release of HIV related information, you may contact the New York State Division of Human Rights at (212) 870-8624 or the New York City Commission of Human Rights at (212) 566-5493. These agencies are responsible for protecting your rights.

Name of person whose HIV-related information will be released:

____________

Name and address of person signing this form (of other than above):

____________

Relationship to person whose HIV information will be released:

____________

Reason for release of HIV-related information:

____________

Time during which release is authorized:

From: To:

____________

My questions about this form have been answered. I know that I do not have to allow release of HIV- related information, and that I can change my mind at any time.

________

Date

________

Signature

____________

Division of Parole

Form 4136

[FN1] The following do not constitute significant risk: exposure to urine, feces, sputum, nasal secretions, saliva, sweat, tears or vomitus that does not contain visible blood; human bites where there is no direct blood to blood or blood to mucous membrane contact; exposure of intact skin to blood or any other body substance.

[FN*] Human Immunodeficiency Virus that causes AIDS

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8011.2