N.Y. Comp. Codes R. & Regs. tit. 9 § 164.4

Current through Register Vol. 46, No. 49, December 4, 2024

Section 164.4 - Definitions pertaining to this part

(a) HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

(b) HIV-related illness means any 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 of procedure, and to make an informal 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 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.

(g) Health or social services means any public or private care, treatment, clinical laboratory test, counseling or educational service for youth, 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.

(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.

(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) Person includes any natural person, partnership, association, joint venture, trust, public or private corporation or State or local government agency.

(l) Division means the New York State Division for Youth.

(m) Youth means any person between the ages of seven and 21 years (inclusive) who resides in any facility operated by the Division for Youth, including foster homes and group homes.

(n) AIDS means acquired immunue deficiency syndrome, as may be defined from time to time by the Centers for Disease Control of the United States Public Health Service.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 164.4