N.Y. Comp. Codes R. & Regs. tit. 9 § 367.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 367.1 - Definitions

(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 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 or procedure, and to make an informed 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 AIDS or HIV infection.

(f) Confidential HIV-related information means any information, in the possession of a person who provides one or more health or social services, including probation 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) Release of confidential HIV-related information means a written authorization for disclosure of confidential HIV-related information that complies with the requirements of article 27-F, section 2780 (9) of the Public Health Law. Only the specific release form authorized for this purpose by the Division of Probation and Correctional Alternatives may be used.

(h) Client means a person who receives services, which have been ordered or authorized by the criminal or family court, from a probation department. Such persons include, but are not limited to, probationers.

(i) 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 367.1