Current through Register Vol. XLI, No. 44, November 1, 2024
Section 64-64-3 - DefinitionsThe following definitions of terms are in addition to those in W. Va. Code § 16-3C-1.
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; and3.2.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.3.13. Physician - A person licensed under W. Va. Code § 30-3-1, et seq., to practice medicine.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.