N.Y. Comp. Codes R. & Regs. tit. 9 § 367.8

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

Section 367.8 - Significant risk

(a) The three factors necessary to create a significant risk of contracting or transmitting HIV infection are:

(1) the presence of a significant risk body substance;

(2) a circumstance which constitutes significant risk for transmitting or contracting HIV infection; and

(3) the presence of an infectious source and a noninfected person. Transmission occurs only from infected to uninfected persons.

(b) Any body substances that have been epidemiologically implicated in the transmission of HIV are considered to be a significant risk body substance. These include blood, semen, vaginal secretions, and breast milk. Other body substances that have been considered infectious for HIV include tissue and the following body fluids: cerebrospinal, amniotic, peritoneal, synovial, pericardial, and pleural. These body substances shall also be considered significant risk body substances.

(c) Circumstances that constitute significant risk for transmitting or contracting HIV infection are as follows:

(1) sexual intercourse (vaginal, anal, oral) that exposes a noninfected individual to blood, semen, or vaginal secretions of an infected individual;

(2) sharing of needles and 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, providing such products have not tested negatively for antibody or antigen and have not been rendered noninfective by heat or chemical treatment;

(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 individual contacts mucous membranes (e.g.eyes, nose, mouth), nonintact skin (e.g. open wound, dermatitis, abraded areas), or the vascular system of a noninfected person. Such circumstances include, but are not limited to, needlestick or puncture wound injuries and direct saturation or permeation of these body surfaces by the infectious body substance.

(d) Circumstances that do not constitute significant risk include:

(1) exposure to urine, feces, sputum, nasal secretions, saliva, sweat, tears or vomitus that does not contain blood that is visible to the naked eye;

(2) human bites where there is no direct blood to blood, or blood to mucous membrane contact;

(3) exposure of intact skin to blood or any other body substance;

(4) occupational settings where individuals use scientifically accepted barrier techniques and preventive practices in circumstances that would otherwise pose a significant risk.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 367.8