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§16-3C-1. Definitions.

When used in this article:

(a) “AIDS” means acquired immunodeficiency syndrome.

(b) “Bureau” means the Bureau for Public Health.

(c) “Commissioner” means the commissioner of the Bureau for Public Health.

(d) “Convicted” includes 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, or a trial to a court and an adjudicated juvenile offender as defined in §49-1-202 of this code.

(e) “Department” means the State Department of Health and Human Resources.

(f) “Funeral director” has the same meaning ascribed to that term in §30-6-3 of this code.

(g) “Funeral establishment” has the same meaning ascribed to that term in §30-6-3 of this code.

(h) “HIV” means the human immunodeficiency virus identified as the causative agent of AIDS.

(i) “HIV-related test” means a test for the HIV antibody or antigen or any future valid test approved by the bureau, the federal drug administration, or the Centers for Disease Control and Prevention.

(j) “Health facility” means a hospital, nursing home, physician’s office, clinic, blood bank, blood center, sperm bank, laboratory, or other health care institution.

(k) “Health care provider” means any physician, dentist, nurse, paramedic, psychologist, or other person providing medical, dental, nursing, psychological, or other health care services of any kind.

(l) “Health Information Exchange” means the electronic movement of health-related information in accord with law and nationally recognized standards.

(m) “High risk behavior” means behavior by a person including, but not limited to: (i) Unprotected sex with a person who is living with HIV; (ii) unprotected sex in exchange for money or drugs; (iii) unprotected sex with multiple partners; (iv) anonymous unprotected sex; (v) or needle sharing; (vi) diagnosis of a sexually transmitted disease; or (vii) unprotected sex or sharing injecting equipment in a high HIV prevalence setting or with a person who is living with HIV.

(n) “Medical or emergency responders” means paid or volunteer firefighters, law-enforcement officers, emergency medical technicians, paramedics, or other emergency service personnel, providers, or entities acting within the usual course of their duties; good samaritans and other nonmedical and nonemergency personnel providing assistance in emergencies; funeral directors; health care providers; the commissioner of the Bureau for Public Health; and all of their employees and volunteers.

(o) “Patient” or “test subject” or “subject of the test” means the person upon whom an HIV test is performed, or the person who has legal authority to make health care decisions for the test subject.

(p) “Permitted purpose” is a disclosure permitted by the Health Insurance Portability and Accountability Act of 1996 as amended, or a disclosure consented to or authorized by a patient or test subject.

(q) “Person” includes any natural person, partnership, association, joint venture, trust, public or private corporation, or health facility.

(r) “Release of test results” means a permitted or authorized disclosure of HIV-related test results.

(s) “Significant exposure” means:

(1) Exposure to blood or body fluids through needlestick, instruments, sharps, surgery, or traumatic events;

(2) Exposure of mucous membranes to visible blood or body fluids, to which universal precautions apply according to the national Centers for Disease Control and Prevention, and laboratory specimens that contain HIV (e.g. suspensions of concentrated virus); or

(3) Exposure of skin to visible blood or body fluids, when the exposed skin is chapped, abraded, or afflicted with dermatitis or the contact is prolonged or involving an extensive area.

(t) “Source patient” means any person whose body fluids have been the source of a significant exposure to a medical or emergency responder.

(u) “Targeted testing” means performing an HIV-related test for sub-populations at higher risk, typically defined on the basis of behavior, clinical, or demographic characteristics.

(v) “Victim” means the person or persons to whom transmission of bodily fluids from the perpetrator of the crimes of sexual abuse, sexual assault, incest, or sexual molestation occurred or was likely to have occurred in the commission of such crimes.

Note: WV Code updated with legislation passed through the 2020 Regular Session
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