Terms Used In West Virginia Code > Chapter 16 > Article 3C - Aids-Related Medical Testing and Records Confidentiality Act

• AIDS: means acquired immunodeficiency syndrome. See West Virginia Code 16-3C-1
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bureau: means the Bureau for Public Health. See West Virginia Code 16-3C-1
• Commissioner: means the commissioner of the Bureau for Public Health. See West Virginia Code 16-3C-1
• 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 §. See West Virginia Code 16-3C-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the State Department of Health and Human Resources. See West Virginia Code 16-3C-1
• Donor: The person who makes a gift.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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. See West Virginia Code 16-3C-1
• Health facility: means a hospital, nursing home, physician&rsquo. See West Virginia Code 16-3C-1
• Health Information Exchange: means the electronic movement of health-related information in accord with law and nationally recognized standards. See West Virginia Code 16-3C-1
• High risk behavior: means behavior by a person including, but not limited to: (i) Unprotected sex with a person who is living with HIV. See West Virginia Code 16-3C-1
• HIV: means the human immunodeficiency virus identified as the causative agent of AIDS. See West Virginia Code 16-3C-1
• 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. See West Virginia Code 16-3C-1
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Local health department: means the staff of the local board of health. See West Virginia Code 16-1-2
• 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. See West Virginia Code 16-3C-1
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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. See West Virginia Code 16-3C-1
• Person: includes any natural person, partnership, association, joint venture, trust, public or private corporation, or health facility. See West Virginia Code 16-3C-1
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Release of test results: means a permitted or authorized disclosure of HIV-related test results. See West Virginia Code 16-3C-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Significant exposure: means :

  (1) Exposure to blood or body fluids through needlestick, instruments, sharps, surgery, or traumatic events. See West Virginia Code 16-3C-1

• Source patient: means any person whose body fluids have been the source of a significant exposure to a medical or emergency responder. See West Virginia Code 16-3C-1
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• 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. See West Virginia Code 16-3C-1
• 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. See West Virginia Code 16-3C-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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. See West Virginia Code 16-3C-1