§ 23-6.3-2 Definitions. – As used in this chapter the following words shall have the following meanings:
(1) "Agent" means a person empowered by the patient to assertor waive the confidentiality, or to disclose or consent to the disclosure ofconfidential information, as established by chapter 5-37.3 of the general lawsof Rhode Island, as amended, entitled "Confidentiality of Health CareCommunications and Information Act."
(2) "AIDS" means the medical condition known as acquiredimmune deficiency syndrome, caused by infection of an individual by the humanimmunodeficiency virus (HIV).
(3) "Anonymous HIV testing" means an HIV test that utilizes alaboratory generated code based system, which does not require an individual'sname or other identifying information that may reveal one's identity, includinginformation related to the individual's health insurance policy, to beassociated with the test.
(4) "Antibody" means a protein produced by the body inresponse to specific foreign substances such as bacteria or viruses.
(5) "Community-based organization" means an entity that haswritten authorization from the department for HIV counseling, testing andreferral services (HIV CTRS).
(6) "Confidential HIV testing" means an HIV test thatrequires the individual's name and other identifying information includinginformation related to the individual's health insurance policy, as appropriate.
(7) "Consent" means an explicit exchange of informationbetween a person and a health care provider or qualified professional HIV testcounselor through which an informed individual can choose whether to undergoHIV testing or decline to do so. Elements of consent shall include providingeach individual with verbal or written information regarding an explanation ofHIV infection, a description of interventions that can reduce HIV transmission,the meanings of positive and negative test results, the voluntary nature of theHIV testing, an opportunity to ask questions and to decline testing.
(8) "Controlled substance" means a drug, substance, orimmediate precursor in schedules I-V listed in the provisions of chapter 21-28entitled, "Uniform Controlled Substances Act".
(9) "Department" means the Rhode Island department of health.
(10) "Diagnosis of AIDS" means the most current surveillancecase definition for AIDS published in the Centers for Disease Control &Prevention (CDC).
(11) "Diagnosis of HIV" means the most current surveillancecase definition for HIV infection published in the CDC's (MMWR).
(12) "Director" means the director of the Rhode Islanddepartment of health.
(13) "ELISA result" means enzyme-linked immunosorbent assayor EIA (enzyme immunoassay) which is a serologic technique used in immunologyto detect the presence of either antibody or antigen.
(14) "Health benefits" include accident and sickness,including disability or health insurance, health benefit plans and/or policies,hospital, health, or medical service plans, or any health maintenanceorganization plan pursuant to title 27 or otherwise.
(15) "Health care facility" means those facilities licensedby the department in accordance with the provisions of chapter 23-17.
(16) "Health care provider", as used herein, means a licensedphysician, physician assistant, certified nurse practitioner or midwife.
(17) "Health care settings" means venues offering clinicalSTD services including, but not limited to, hospitals, urgent care clinics, STDclinics and other substance abuse treatment facilities, mental health treatmentfacilities, community health centers, primary care and OB/GYN physicianoffices, and family planning providers.
(18) "HIV" means the human immunodeficiency virus, thepathogenic organism responsible for HIV infection and/or the acquiredimmunodeficiency syndrome (AIDS) in humans.
(19) "HIV CD4 T-lymphocyte test result" means the results ofany currently medically accepted and/or FDA approved test used to count CD4T-lymphatic cells in the blood of an HIV- infected person.
(20) "HIV counseling" means an interactive process ofcommunication between a person and a health care provider or qualifiedprofessional HIV test counselor during which there is an assessment of theperson's risks for HIV infection and the provision of counseling to assist theperson with behavior changes that can reduce risks for acquiring HIV infection.
(21) "HIV screening" means the conduct of HIV testing amongthose who do not show signs or symptoms of an HIV infection.
(22) "HIV test" means any currently medically accepted and/orFDA approved test for determining HIV infection in humans.
(23) "Occupational health representative" means a person,within a health care facility, trained to respond to occupational, particularlyblood borne, exposures.
(24) "Opts out" means that a person who has been notifiedthat a voluntary HIV test will be performed, has elected to decline or defertesting. Consent to HIV testing is inferred unless the individual declinestesting.
(25) " Perinatal case report for HIV" means the informationthat is provided to the department related to a child aged less than eighteen(18) months born to an HIV-infected mother and the child does not meet thecriteria for HIV infection or the criteria for "not infected" with HIV asdefined in the most current surveillance case definition for HIV infectionpublished by the CDC.
(26) "Person" means any individual, trust or estate,partnership, corporation (including associations, joint stock companies),limited liability companies, state, or political subdivision or instrumentalityof a state.
(27) "Persons at high risk for HIV infection" means personsdefined as being high risk in the CDC's most current recommendations for HIVtesting of adults, adolescents and pregnant women in health care settings orthrough authority and responsibilities conferred on the director by law inprotecting the public's health.
(28) "Polymerase chain reaction (PCR) test" means a commonlaboratory method of creating copies of specific fragments of DNA or RNA.
(29) "Qualified professional HIV test counselor" means: (i) Aphysician, physician assistant, certified nurse practitioner, midwife, or nurselicensed to practice in accordance with applicable state law; (ii) A medicalstudent who is actively matriculating in a medical degree program and whoperforms duties assigned to them by a physician; or (iii) A person who hascompleted an HIV counseling training program, in accordance with regulationshereunder promulgated.
(30) "Sexually transmitted diseases (STD's)" means thosediseases included in § 23-11-1, as amended, entitled "Sexually TransmittedDiseases", and any other sexually transmitted disease that may be required tobe reported by the department.
§ 23-6.3-2 Definitions. – As used in this chapter the following words shall have the following meanings:
(1) "Agent" means a person empowered by the patient to assertor waive the confidentiality, or to disclose or consent to the disclosure ofconfidential information, as established by chapter 5-37.3 of the general lawsof Rhode Island, as amended, entitled "Confidentiality of Health CareCommunications and Information Act."
(2) "AIDS" means the medical condition known as acquiredimmune deficiency syndrome, caused by infection of an individual by the humanimmunodeficiency virus (HIV).
(3) "Anonymous HIV testing" means an HIV test that utilizes alaboratory generated code based system, which does not require an individual'sname or other identifying information that may reveal one's identity, includinginformation related to the individual's health insurance policy, to beassociated with the test.
(4) "Antibody" means a protein produced by the body inresponse to specific foreign substances such as bacteria or viruses.
(5) "Community-based organization" means an entity that haswritten authorization from the department for HIV counseling, testing andreferral services (HIV CTRS).
(6) "Confidential HIV testing" means an HIV test thatrequires the individual's name and other identifying information includinginformation related to the individual's health insurance policy, as appropriate.
(7) "Consent" means an explicit exchange of informationbetween a person and a health care provider or qualified professional HIV testcounselor through which an informed individual can choose whether to undergoHIV testing or decline to do so. Elements of consent shall include providingeach individual with verbal or written information regarding an explanation ofHIV infection, a description of interventions that can reduce HIV transmission,the meanings of positive and negative test results, the voluntary nature of theHIV testing, an opportunity to ask questions and to decline testing.
(8) "Controlled substance" means a drug, substance, orimmediate precursor in schedules I-V listed in the provisions of chapter 21-28entitled, "Uniform Controlled Substances Act".
(9) "Department" means the Rhode Island department of health.
(10) "Diagnosis of AIDS" means the most current surveillancecase definition for AIDS published in the Centers for Disease Control &Prevention (CDC).
(11) "Diagnosis of HIV" means the most current surveillancecase definition for HIV infection published in the CDC's (MMWR).
(12) "Director" means the director of the Rhode Islanddepartment of health.
(13) "ELISA result" means enzyme-linked immunosorbent assayor EIA (enzyme immunoassay) which is a serologic technique used in immunologyto detect the presence of either antibody or antigen.
(14) "Health benefits" include accident and sickness,including disability or health insurance, health benefit plans and/or policies,hospital, health, or medical service plans, or any health maintenanceorganization plan pursuant to title 27 or otherwise.
(15) "Health care facility" means those facilities licensedby the department in accordance with the provisions of chapter 23-17.
(16) "Health care provider", as used herein, means a licensedphysician, physician assistant, certified nurse practitioner or midwife.
(17) "Health care settings" means venues offering clinicalSTD services including, but not limited to, hospitals, urgent care clinics, STDclinics and other substance abuse treatment facilities, mental health treatmentfacilities, community health centers, primary care and OB/GYN physicianoffices, and family planning providers.
(18) "HIV" means the human immunodeficiency virus, thepathogenic organism responsible for HIV infection and/or the acquiredimmunodeficiency syndrome (AIDS) in humans.
(19) "HIV CD4 T-lymphocyte test result" means the results ofany currently medically accepted and/or FDA approved test used to count CD4T-lymphatic cells in the blood of an HIV- infected person.
(20) "HIV counseling" means an interactive process ofcommunication between a person and a health care provider or qualifiedprofessional HIV test counselor during which there is an assessment of theperson's risks for HIV infection and the provision of counseling to assist theperson with behavior changes that can reduce risks for acquiring HIV infection.
(21) "HIV screening" means the conduct of HIV testing amongthose who do not show signs or symptoms of an HIV infection.
(22) "HIV test" means any currently medically accepted and/orFDA approved test for determining HIV infection in humans.
(23) "Occupational health representative" means a person,within a health care facility, trained to respond to occupational, particularlyblood borne, exposures.
(24) "Opts out" means that a person who has been notifiedthat a voluntary HIV test will be performed, has elected to decline or defertesting. Consent to HIV testing is inferred unless the individual declinestesting.
(25) " Perinatal case report for HIV" means the informationthat is provided to the department related to a child aged less than eighteen(18) months born to an HIV-infected mother and the child does not meet thecriteria for HIV infection or the criteria for "not infected" with HIV asdefined in the most current surveillance case definition for HIV infectionpublished by the CDC.
(26) "Person" means any individual, trust or estate,partnership, corporation (including associations, joint stock companies),limited liability companies, state, or political subdivision or instrumentalityof a state.
(27) "Persons at high risk for HIV infection" means personsdefined as being high risk in the CDC's most current recommendations for HIVtesting of adults, adolescents and pregnant women in health care settings orthrough authority and responsibilities conferred on the director by law inprotecting the public's health.
(28) "Polymerase chain reaction (PCR) test" means a commonlaboratory method of creating copies of specific fragments of DNA or RNA.
(29) "Qualified professional HIV test counselor" means: (i) Aphysician, physician assistant, certified nurse practitioner, midwife, or nurselicensed to practice in accordance with applicable state law; (ii) A medicalstudent who is actively matriculating in a medical degree program and whoperforms duties assigned to them by a physician; or (iii) A person who hascompleted an HIV counseling training program, in accordance with regulationshereunder promulgated.
(30) "Sexually transmitted diseases (STD's)" means thosediseases included in § 23-11-1, as amended, entitled "Sexually TransmittedDiseases", and any other sexually transmitted disease that may be required tobe reported by the department.
§ 23-6.3-2 Definitions. – As used in this chapter the following words shall have the following meanings:
(1) "Agent" means a person empowered by the patient to assertor waive the confidentiality, or to disclose or consent to the disclosure ofconfidential information, as established by chapter 5-37.3 of the general lawsof Rhode Island, as amended, entitled "Confidentiality of Health CareCommunications and Information Act."
(2) "AIDS" means the medical condition known as acquiredimmune deficiency syndrome, caused by infection of an individual by the humanimmunodeficiency virus (HIV).
(3) "Anonymous HIV testing" means an HIV test that utilizes alaboratory generated code based system, which does not require an individual'sname or other identifying information that may reveal one's identity, includinginformation related to the individual's health insurance policy, to beassociated with the test.
(4) "Antibody" means a protein produced by the body inresponse to specific foreign substances such as bacteria or viruses.
(5) "Community-based organization" means an entity that haswritten authorization from the department for HIV counseling, testing andreferral services (HIV CTRS).
(6) "Confidential HIV testing" means an HIV test thatrequires the individual's name and other identifying information includinginformation related to the individual's health insurance policy, as appropriate.
(7) "Consent" means an explicit exchange of informationbetween a person and a health care provider or qualified professional HIV testcounselor through which an informed individual can choose whether to undergoHIV testing or decline to do so. Elements of consent shall include providingeach individual with verbal or written information regarding an explanation ofHIV infection, a description of interventions that can reduce HIV transmission,the meanings of positive and negative test results, the voluntary nature of theHIV testing, an opportunity to ask questions and to decline testing.
(8) "Controlled substance" means a drug, substance, orimmediate precursor in schedules I-V listed in the provisions of chapter 21-28entitled, "Uniform Controlled Substances Act".
(9) "Department" means the Rhode Island department of health.
(10) "Diagnosis of AIDS" means the most current surveillancecase definition for AIDS published in the Centers for Disease Control &Prevention (CDC).
(11) "Diagnosis of HIV" means the most current surveillancecase definition for HIV infection published in the CDC's (MMWR).
(12) "Director" means the director of the Rhode Islanddepartment of health.
(13) "ELISA result" means enzyme-linked immunosorbent assayor EIA (enzyme immunoassay) which is a serologic technique used in immunologyto detect the presence of either antibody or antigen.
(14) "Health benefits" include accident and sickness,including disability or health insurance, health benefit plans and/or policies,hospital, health, or medical service plans, or any health maintenanceorganization plan pursuant to title 27 or otherwise.
(15) "Health care facility" means those facilities licensedby the department in accordance with the provisions of chapter 23-17.
(16) "Health care provider", as used herein, means a licensedphysician, physician assistant, certified nurse practitioner or midwife.
(17) "Health care settings" means venues offering clinicalSTD services including, but not limited to, hospitals, urgent care clinics, STDclinics and other substance abuse treatment facilities, mental health treatmentfacilities, community health centers, primary care and OB/GYN physicianoffices, and family planning providers.
(18) "HIV" means the human immunodeficiency virus, thepathogenic organism responsible for HIV infection and/or the acquiredimmunodeficiency syndrome (AIDS) in humans.
(19) "HIV CD4 T-lymphocyte test result" means the results ofany currently medically accepted and/or FDA approved test used to count CD4T-lymphatic cells in the blood of an HIV- infected person.
(20) "HIV counseling" means an interactive process ofcommunication between a person and a health care provider or qualifiedprofessional HIV test counselor during which there is an assessment of theperson's risks for HIV infection and the provision of counseling to assist theperson with behavior changes that can reduce risks for acquiring HIV infection.
(21) "HIV screening" means the conduct of HIV testing amongthose who do not show signs or symptoms of an HIV infection.
(22) "HIV test" means any currently medically accepted and/orFDA approved test for determining HIV infection in humans.
(23) "Occupational health representative" means a person,within a health care facility, trained to respond to occupational, particularlyblood borne, exposures.
(24) "Opts out" means that a person who has been notifiedthat a voluntary HIV test will be performed, has elected to decline or defertesting. Consent to HIV testing is inferred unless the individual declinestesting.
(25) " Perinatal case report for HIV" means the informationthat is provided to the department related to a child aged less than eighteen(18) months born to an HIV-infected mother and the child does not meet thecriteria for HIV infection or the criteria for "not infected" with HIV asdefined in the most current surveillance case definition for HIV infectionpublished by the CDC.
(26) "Person" means any individual, trust or estate,partnership, corporation (including associations, joint stock companies),limited liability companies, state, or political subdivision or instrumentalityof a state.
(27) "Persons at high risk for HIV infection" means personsdefined as being high risk in the CDC's most current recommendations for HIVtesting of adults, adolescents and pregnant women in health care settings orthrough authority and responsibilities conferred on the director by law inprotecting the public's health.
(28) "Polymerase chain reaction (PCR) test" means a commonlaboratory method of creating copies of specific fragments of DNA or RNA.
(29) "Qualified professional HIV test counselor" means: (i) Aphysician, physician assistant, certified nurse practitioner, midwife, or nurselicensed to practice in accordance with applicable state law; (ii) A medicalstudent who is actively matriculating in a medical degree program and whoperforms duties assigned to them by a physician; or (iii) A person who hascompleted an HIV counseling training program, in accordance with regulationshereunder promulgated.
(30) "Sexually transmitted diseases (STD's)" means thosediseases included in § 23-11-1, as amended, entitled "Sexually TransmittedDiseases", and any other sexually transmitted disease that may be required tobe reported by the department.
