§19201. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 539 (RPR).]

1.  Antibody to HIV.  "Antibody to HIV" means the specific immunoglobulin produced by the body's immune system in response to HIV.

[PL 1987, c. 539 (RPR).]

1-A.  Bona fide occupational exposure.  "Bona fide occupational exposure" means skin, eye, mucous membrane or parenteral contact of a person with the potentially infectious blood or other body fluids of another person that results from the performance of duties by the exposed person in the course of employment. It also includes such contact resulting from performance of emergency services by a volunteer firefighter as defined by Title 30-A, section 3151 or by an emergency medical services person licensed under Title 32, chapter 2-B when responding to an emergency as part of a governmental, nonprofit or other organized entity, whether the firefighter or emergency medical services person is compensated for such services or not.

[PL 1999, c. 429, §1 (AMD).]

1-B.  Employer; employer of the person exposed.  "Employer" and "employer of the person exposed" include a self-employed person who is exposed to the potentially infectious blood or other body fluids of another person. It also includes, in the case of a volunteer firefighter or emergency medical services person, the organization for which the services are performed.

[PL 1999, c. 429, §1 (AMD).]

2.  Health care provider.  "Health care provider" means any appropriately licensed, certified or registered provider of mental or physical health care, either in the public or private sector or any business establishment providing health care services.

[PL 1987, c. 539 (RPR).]

2-A.  Health care setting.  "Health care setting" means any location where there is provision of preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, services, procedures or counseling, including emergency services performed in the field, and appropriate assistance with disease or symptom management and maintenance that affects an individual's physical, mental or behavioral condition, including the process of banking blood, sperm, organs or any other tissue.

[PL 1999, c. 429, §2 (NEW).]

2-B.  Health care facility.  "Health care facility" or "facility" means a facility, institution or entity licensed pursuant to Title 22 that offers health care to persons in this State, including a home health care provider and hospice program. "Health care facility" or "facility" includes a pharmacy licensed pursuant to Title 32.

[PL 2011, c. 347, §1 (NEW).]

3.  HIV.  "HIV" means the human immunodeficiency virus, identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS.

[PL 1987, c. 539 (RPR).]

4.  HIV antigen.  "HIV antigen" means the specific immune-recognizable marker proteins of HIV.

[PL 1987, c. 539 (RPR).]

4-A.  HIV test.  "HIV test" means a test for the presence of an antibody to HIV or a test for an HIV antigen or other diagnostic determinants specific for HIV infection.

[PL 1995, c. 404, §2 (AMD).]

5.  HIV infection; HIV infection status.  "HIV infection" means the state wherein HIV has invaded the body and is being actively harbored by the body. "HIV infection status" means the results of an HIV test.

[PL 1995, c. 404, §3 (AMD).]

5-A.  Informed consent.  "Informed consent" means consent that is:

A. Based on an actual understanding by the person to be tested:

(1) That the test is being performed;

(2) Of the nature of the test;

(3) Of the persons to whom the results of that test may be disclosed;

(4) Of the purpose for which the test results may be used; and

(5) Of any reasonably foreseeable risks and benefits resulting from the test; and   [PL 1987, c. 811, §2 (AMD).]

B. Wholly voluntary and free from express or implied coercion.   [PL 1987, c. 539 (RPR).]

[PL 1987, c. 811, §2 (AMD).]

6.  Person.  "Person" means any natural person, firm, corporation, partnership or other organization, association or group, however organized.

[PL 1987, c. 539 (RPR).]

7.  Seropositivity.  "Seropositivity" means the presence of antibody to HIV as detected by appropriate laboratory tests.

[PL 1987, c. 539 (RPR).]

8.  Viral positivity.  "Viral positivity" means demonstrated presence of HIV.

[PL 1987, c. 539 (RPR).]

SECTION HISTORY

PL 1987, c. 402, §A76 (NEW). PL 1987, c. 443, §2 (NEW). PL 1987, c. 539 (RPR). PL 1987, c. 811, §§1,2 (AMD). PL 1995, c. 404, §§1-3 (AMD). PL 1999, c. 429, §§1,2 (AMD). PL 2011, c. 347, §1 (AMD).